1. How to distinguish patent rights, trademark rights and copyrights
1. Rights Properties are different. Copyright has the dual attributes of personal rights and property rights; while patent rights and trademark rights are only attributes of property rights without personal rights.
2. The authorities granting rights are different. The copyright is automatically obtained when the creation of the work is completed, and there is no need to apply for registration with any agency to obtain the copyright; the patent right is granted by the State Intellectual Property Office; the trademark right is granted by the State Trademark Office.
3. The conditions for protection are different. Works protected by the Copyright Law are required to be original, and plagiarism and plagiarism of other people's works are prohibited; patent rights are required to be awarded to the first applicant, and the inventions and creations applied for patents are required to be original; the prerequisite for trademark rights to be registered is that the trademark must be identifiable .
4. Different applicable fields. Works protected by copyright law are applicable to a wide range of fields, mainly involving literature, art and science. Patent rights and trademark rights mainly occur in the industrial, agricultural and commercial fields.
5. The rights protection period is different. The protection period of the property right and the right of publication in the copyright is the life of the author plus 50 years after death. Upon expiration, the work enters the public domain; the protection period of the invention patent in the patent right is 20 years, and the protection period of utility models and designs It is 10 years, calculated from the date of application. The protection period of a trademark right is 10 years, calculated from the date of registration approval, and can be renewed upon expiration, with no limit on the number of renewals.
6. The objects of trademarks and patents are different: Patents protect technical content, including inventions, new uses, and designs. A trademark protects the mark itself, such as graphics, text, their combination, or a three-dimensional mark.
7. The protection content of trademarks and patents is different: Patent protection prohibits the manufacture, use, offering for sale, sale, or import of products that are identical or similar to the patent. Trademark protection does not allow the same trademark to be registered on similar goods. If the protected trademark is a well-known trademark, others mayProducts of different types cannot be labeled with well-known trademarks.
8. The application procedures for trademarks and patents are different: Patents must be applied to the Patent Office of the State Intellectual Property Office and undergo preliminary examination (new model and appearance) and substantive examination ( invention), and eventually a patent is granted. The trademark application is submitted to the Trademark Office of the State Administration for Industry and Commerce. After preliminary review, the registration is approved after no objection is announced.
9. Legal basis:
Article 3 of the Patent Law of the People's Republic of China, the Patent Administration Department of the State Council is responsible for managing patent work nationwide; it uniformly accepts and examines patent applications and grants patent rights in accordance with the law. The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.
Article 9 of the "Trademark Law of the People's Republic of China" stipulates that the trademark applied for registration shall have distinctive features and be easy to identify, and shall not be confused with any legal trademark previously obtained by others. Rights conflict. The trademark registrant has the right to indicate "registered trademark" or registered mark.
Article 21 of the "Copyright Law of the People's Republic of China", if the copyright belongs to a natural person, after the death of the natural person, the provisions of Article 10, Paragraph 1, 5 of this Law shall The rights stipulated in Items 1 to 17 shall be transferred in accordance with the law within the protection period stipulated in this Law. If the copyright belongs to a legal person or an unincorporated organization, after the legal person or unincorporated organization is changed or terminated, the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law shall be protected by the inheritor during the protection period stipulated in this Law. Its rights and obligations are enjoyed by legal persons or unincorporated organizations; if there is no legal person or unincorporated organization that assumes its rights and obligations, they are enjoyed by the state.
2. Whether the patent right can be inherited
As a As an intangible property, patent rights and patent application rights can be inherited just like tangible property.
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