Does the trademark have the Right of authorship
Once the trademark design is completed, the copyright of the work will be generated. The Trademark Law stipulates: Apply for a trademark No prior rights, including copyrights, shall be infringed. To avoid this situation, you can sign an entrustment agreement with the designer, and the copyright of the work belongs to the entrusting party. As for the right of authorship, it has nothing to do with it. It mainly shows who designed it.
Right of authorship
Copyright, as an intangible property right, is an extremely complex civil right that has objectively Becoming one of the most complex and esoteric legal disciplines. The right of signature is the most basic right among this complex civil rights.
The right of authorship is a right of the personal right of the author. The laws of various countries have regulations. There are two main views on what the right of authorship is: The first view is the provision of Article 10 (2) of the Chinese Copyright Law. The right of authorship is the right to indicate the identity of the author and to sign the work. The second view is that the right of authorship refers to the author's right to mark his or her name on the works and their copies, also known as the right of name expression.
The subject of the signature right. The subject of the signature right is Author, but the author is not the same as the natural person who creates the author. According to Articles 11 and 17 of the Chinese Copyright Law, there are three situations for authors: first, the natural person who creates the work; second, the legal person or person who is regarded as the author An unincorporated unit; thirdly, a natural person, a legal person or an unincorporated unit that has obtained the authorship as clearly agreed upon in the commission contract. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only all literature, art, music, drama or Creators of scientific works, but also performers, sound recordings, video productions or broadcasting organizations; authors in a narrow sense only include creators of literary and artistic, musical or dramatic works. Therefore, who can become an author depends on the laws of various countries and even international Convention. In addition, the right of authorship and the subject of copyright are two different concepts. This is because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complicated. The author is only one of the basic subjects of copyright. In addition to the author, the subject of copyright also includes heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other rights in the copyright, so the subject of the right of signature is not the same as the subject of the copyright.
There are two main objects of authorship: the "work theory" and the "personality interest theory". Agree with the "personality interest theory". Because according to the general theory, personality rights are to safeguard certain personality interests. Although the right of signature belongs to personality rights in civil law and not to identity rights, it should naturally have certain interests as its object. This kind of What is the object? It should be "the connection between the author and the work". Specifically, it is the author's control over the disclosure of his identity. This reflects the author's freedom of will and privacy interests in whether to conceal or disclose his identity and how to conceal or disclose it. .
The above are the answers to these questions, I hope It will be helpful to everyone. If you need help in this regard, the Legal Savior Network provides online lawyer consultation services. You are welcome to have legal consultation.
