Does copyright have a priority principle?

Copyright does not enjoy priority. Patent owners enjoy priority. There is no need to apply for Copyright. The corresponding copyright will be obtained after the work is completed. However, when applying for patent rights, the priority application principle applies, and priority is an ancillary right to the patent application right. . The editor of Legal Savior Network has compiled relevant content for you below. Let us take a look at the specific regulations.

1. Does copyright have priority?

Copyright does not have priority In principle, a work has copyright (copyright) as soon as it is created, and there is no requirement for copyright registration. However, copyright registration is conducive to the protection of works and is conducive to proving the ownership of works.

Patent rights have a priority principle. The priority principle for a design patent application is the date when the applicant first files a patent application for the invention or utility model in a foreign country. Within 12 months from the date of first filing a patent application for a design in a foreign country, if another patent application is filed in China for the same subject matter, the foreign country shall file a patent application in accordance with the agreement signed between the foreign country and China or the jointly participated Priority may be enjoyed under international treaties or in accordance with the principle of mutual recognition of priority.

Article 16 of the Copyright Law

Citizens must complete the work of a legal person or other organization Works created during assignments are service works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but legal persons or other organizations have the right to priority use within the scope of their business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.

For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations. Legal persons or other organizations may reward the author. :

(1) Engineering design drawings and product design drawings that are mainly created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization assumes responsibility , maps, computer software and other professional works;

(2) Professional works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.

Article 17: Creation on entrustmentFor a work created, the ownership of the copyright is agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.

When a professional work is formed, the copyright should be determined based on the actual circumstances of its creation. If the copyright belongs to the unit, the unit also needs to pay benefits to the person who created the professional work. However, when authorizing relevant copyrights, it should be handled by the unit based on the actual situation, and the person who works for the job will only enjoy the relevant economic benefits and related treatment.

2. What does copyright registration provide?

1. Application form, including: title of work, category of work, signature, date of completion, whether to publish, first date and place; form of completion of the work (single, collaborative, entrustment, position, others); author status, other copyright holders status.

2. Proof of identity of the applicant (individual applicants should provide a copy of their ID card, unit applicants should provide a copy of their business license, and creative staff should provide a copy of their ID card) ).

3. Provide work samples (for text works, provide creative drafts; for engineering product design drawings, provide three views, renderings or physical photos, etc.).

4. Creative description of the work.

5. Depending on the actual situation, choose to submit a cooperative work with a letter of authorization from the co-author, a commissioned work with a commission contract or an exclusive rights license contract.

3. What is the main difference between copyright and patent right?

(1) The objects of protection are different. Copyright protects the expression of the author's thoughts, emotions, and opinions, but does not protect the content itself, such as novels, essays, movies, songs, pictures, etc. Patent rights protect inventions and creations, which fall within the scope of ideas and opinions, including inventions, utility models and designs, such as the invention of televisions, methods of manufacturing light bulbs, and the unique design of Coca-Cola bottles.

(2) The conditions and requirements for protection are different. Determined by the object of protection, copyright law can protect two works with the same subject matter.As long as these works are original, patent rights will not protect two inventions with the same subject matter. For example, if A invented the television and applied for a patent, B cannot apply for this patent again.

(3) Rights are generated in different ways. Copyrights can usually be generated automatically without going through any registration or review procedures; patent rights must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.

(4) The rights content is different. Copyright includes both personal rights and property rights; patent rights only include property rights such as the right to implement, the right to license others to implement, and the right to transfer, but do not include personal rights.

(5) The rights protection period is different. As mentioned earlier, the protection period for copyright property rights is generally the author’s lifetime plus 50 years after death; the protection period for patent rights is 20 years for invention patents and 10 years for designs and utility models, both calculated from the filing date.

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