How to distinguish copyright, trademark and patent rights

The differences between the three: 1. The methods of obtaining rights are different. 2. The objects are different. The object of Patent rights is a new technical solution that solves a practical problem with novelty, creativity and practicality. The object of copyright is the objective expression form of literary, artistic and scientific writings. The object of trademark rights is the trademark mark itself that distinguishes different producers or operators of the same goods or services and indicates the quality of the goods or services. 3. The protection period of rights is different. Regarding the question of how to distinguish copyright, trademark and patent rights, the editor of Legal Savior Network will give you a detailed answer below.

1. How to distinguish copyright, trademark and patent rights

1. Obtain The methods of rights are different

(1) Patent rights can only be generated when the patent applicant files an application with the national patent authority and is approved by the authority. . For two or more independently completed invention applications with the same or similar content, my country’s Patent Law stipulates that the patent right shall be granted to the earlier applicant, and some countries’ patent laws stipulate that the patent right shall be granted to the first inventor.

(2) Copyright adopts the principle of automatic generation, and only a few countries in the world require registration procedures. Copyright only emphasizes the originality of the expression of the work. Therefore, if two or more independently created works have different objective expression forms of their ideological content, copyright can automatically arise even if the ideological content is similar.

(3) The acquisition of trademark rights must be applied by the applicant and approved by the Trademark Office for registration.

2. Different objects

(1) The object of the patent right is novel, A creative and practical new technical solution to a practical problem.

(2) The object of copyright is the objective expression form of literary, artistic and scientific writings.

() The object of trademark right is the trademark mark itself that distinguishes different producers or operators of the same goods or services and indicates the quality of the goods or services. Application for registration Trademarks must have distinctive features by law.

3. The protection period of rights is different

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4. Legal basis: "Patent Law"

Article 42 The term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is fifteen years, all calculated from the date of application. .

2. The similarities between copyright, trademark rights and patent rights

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Copyright, patent and trademark rights are both intellectual property rights, and they have many similarities. There are several aspects: their objects are all intangible property; these exclusive rights to intellectual products are granted by law; they all have exclusive, regional and temporal characteristics.

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