1. Do the graphics in the trademark certainly have copyright?
It can have copyright. It is best to apply for the copyright of art works for graphic trademarks. Copyright registration is not required for graphic trademarks. But you must apply for trademark registration. According to relevant laws and regulations, natural persons, legal persons or other organizations that need to obtain exclusive rights to trademarks for their goods or services during production and business activities must apply for trademark registration with the Trademark Office.
Article 3 of the "Trademark Law of the People's Republic of China" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys exclusive rights to the trademark. rights, protected by law.
2. What is the use of finding a lawyer when encountering copyright disputes?
1. When lawyers perform civil litigation representation in accordance with the law, they are not subject to illegal interference by any unit or individual. They have the right to practice independently and are protected by national laws.
2. When representing civil litigation, lawyers have the right to access case files and investigate relevant units and individuals.
3. Lawyers have the right to ask questions to parties, witnesses, and appraisers in court with the permission of the presiding judge; they have the right to apply to notify new witnesses to testify in court; They have the right to apply for new evidence; they have the right to raise objections to witness testimonies, appraisal conclusions, inspection records and other evidence read out in court; they have the right to apply for re-identification or re-inspection.
3. How to deal with copyright infringement?
1. Generally, it is handled by the parties through negotiation;
2. If negotiation is impossible, arbitration can be conducted in accordance with the law according to the written arbitration agreement reached or the arbitration clause in the copyright contract;
3. If there is no written arbitration agreement or an arbitration clause in the copyright contract, you can directly sue.
Article 60 of the Copyright Law of the People's Republic of China
Copyright disputes can be mediated. You can also apply for arbitration to an arbitration institution based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.
Article 62 of the Copyright Law of the People's Republic of China
As referred to in this Law Copyright is copyright.
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