Copyright and trademark What are the differences between rights
1. In terms of the subject of rights, the subject of copyright can be an individual citizen, a legal person or an unincorporated unit; it can be an author The person himself can also be his heir or the inheritor of his rights and obligations, and sometimes it can also be the state. The main subjects of trademark rights are legal persons. If an individual citizen applies to register a trademark in my country, he or she must be an individual business owner. The state cannot be the subject of trademark rights.
2. In terms of the acquisition of rights, copyright is generally acquired automatically, while trademark rights require confirmation by national administrative agencies.
3. In terms of the subject matter of rights, the subject matter of copyright is literary, artistic, scientific and other works, and the subject matter of trademark right is used for goods or services. trademark.
4. In terms of the exclusivity of rights, two people under copyright can obtain the copyright if they independently complete the same work. Trademark rights are quite exclusive. Not only The same trademark with the same protection scope cannot appear, and similar trademarks with the same protection scope cannot appear. For well-known trademarks, the exclusivity of rights is even more obvious.
According to the provisions of my country's "Copyright Law", copyright refers to the creator of literary, artistic and scientific works or other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with the law. A kind of civil right enjoyed by a person with the control of his or her works as the object, specifically including personal rights and property rights of works. The personal rights of the copyright belong exclusively to the author, including the right of publication, signature, modification and the right to protect the integrity of the work. Copyright property rights refer to the copyright owner's right to use his or her works and to receive remuneration. It can be transferred to the copyright owner's heirs or legal persons or non-legal entities that bear the rights and obligations of the copyright owner in accordance with the law, or it can be enjoyed by the state.
Trademark right refers to a kind of civil right that a trademark registrant enjoys over his or her registered trademark in accordance with the law. In my country, the acquisition of trademark rights must be approved by the Trademark Office of the State Administration for Industry and Commerce. Trademark rights mainly include the right to exclusive use of a trademark, the right to transfer a trademark, the right to license a trademark, the right to inherit a trademark, etc. Among them, the exclusive right to use trademarks is the core of trademark rights.
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