1. Does copyright use trademarks?
1. Copyright does not use trademarks. Copyright and trademark are not substitutes, but are different. Copyright refers to the right holder’s exclusive rights to, dispose of, and transfer the tangible works he creates. And a work can have two copyrights. Trademarks refer to the goods and service marks of producers and operators and different goods. No two trademarks may exist on one item.
2. Legal basis:
Article 2 of the Copyright Law of the People's Republic of China, The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law. The copyrights enjoyed by foreigners and stateless persons in their works based on the agreement signed between the country of origin or habitual residence of the author and China or international treaties to which both countries are parties shall be protected by this Law. If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with this Law.
The works of authors and stateless persons from countries that have not signed an agreement with China or jointly participated in international treaties are published for the first time in a member country of an international treaty that China is a party to. or published simultaneously in a member state and a non-member state, shall be protected by this law.
Article 1 of the "Trademark Law of the People's Republic of China", in order to strengthen trademark management, protect the exclusive rights to trademarks, urge producers and operators to ensure the quality of goods and services, and maintain This law is specially formulated to protect the interests of consumers, producers and operators, and promote the development of the socialist market economy.
2. What is the difference between copyright and trademark rights?
1. The objects and scope of protection are different;
2. The original rights arise fromDifferent ways;
3. Different national competent authorities and applicable laws;
4. Protection The purposes are different;
5. The timeliness is different.
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