The difference between copyright and trademark rights
(1) The objects and scope of protection are different
The object of copyright is the literary, artistic and scientific works created by the author, which are tangible assets. Its works include the following forms: literary works; oral works; music, drama, folk art, and dance works; art and photographic works; engineering design, product design drawings and their descriptions; maps, schematics and other graphic works; computer software; laws and administrative regulations Other works as specified. The scope of copyright protection refers to the right to publish these works, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration.
The object of trademark rights is a registered trademark consisting of words, graphics or a combination thereof, which is an intangible asset. The scope of protection of trademark rights is limited to the goods approved for use by the registered trademark.
(2) The ways in which original rights are generated are different
Copyright in our country is the same as in most other countries , are automatically generated in accordance with the law after the author's work is created, without the need for review and approval by any competent authority. Trademark rights in my country are based on the first-to-register principle. Only those who first apply for registration and obtain the review and approval of the competent authority can obtain the exclusive right to trademark.
(3) National competent authorities and applicable laws are different
my country's "Copyright Law" governs copyright basic laws. The National Copyright Administration is responsible for the management of copyright nationwide.
(4) The purpose of protection is different
Copyright protects literature, art and science The works created and the rights related thereto. Its purpose is to encourage the creation and dissemination of works that are beneficial to society and promote the development and prosperity of socialist culture and science.
A trademark protected by trademark rights is a sign with distinctive features that distinguishes the source of goods or services. The purpose of protection is to encourage producers to ensure product quality and maintain trademark reputation, so as to protect the interests of consumers and promote The development of the socialist commodity economy and fair competition.
my country's Trademark Law is the basic law governing trademarks. The Trademark Office of the State Administration for Industry and Commerce is in charge of national trademark registration and Management work.
(5) Different timeliness
my country's "Copyright Law" stipulates that the author The protection period of the right to authorize, modify, and protect the integrity of the work is not limited. The protection period of the right to publish, use, and receive remuneration for a citizen's work is the life of the author and 50 years after his death; if it is a work of a collaborator, the protection period expires 50 years after the death of the last author. For works by legal persons or unincorporated entities, the copyright (except for the right of authorship) is enjoyed by legal persons or unincorporated entities. The protection period for the right to publish, use and receive remuneration is 50 years. years. The protection period for the right to publish, use and receive remuneration for film, television, video and photographic works is 50 years. Works that are not published within 50 years after their creation are no longer protected.
my country’s Trademark Law stipulates that the validity period of a registered trademark is 10 years. Upon expiration, the registration can be renewed and repeated applications can be made without restriction. The validity period of each renewal registration is 10 years.
The difference between copyright and trademark rights is actually a good distinction. If you apply for copyright or trademark rights and find that your rights and interests have been infringed by others, you can use the law to take action. Protection. Regarding the difference between copyright and trademark rights, or the difference between copyright and trademark rights, etc., you should consult with a professional lawyer on the Legal Savior Network.
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