What are the similarities and differences between patent rights and copyrights
1 , Intangibility:
(1) Shown as the possession of a certain right.
(2) The subject matter is a certain right, which is intangible.
(3) Utilization and transfer generally do not cause the consumption and transfer of relevant tangible objects.
(4) The subject matter can be separately utilized (some people call it "infinite use value"), that is, it can be separately used by multiple people at the same time and in different places. Use them in their own way.
(5) Infringements are not necessarily all intuitive and obvious. They are both direct and indirect. The situations are diverse and complex. Judgment increases the difficulty.
2. Exclusivity: Patent rights and copyrights are exclusive to the right holder. Others may not use them without the permission of the right holder or through certain legal procedures. Otherwise, these rights will constitute infringement;
3. Regionality: The rights recognized and protected by a country or a region only have property rights in that region, and do not exceed This area will not be effective.
4. Timeliness: Protection has a time limit.
The difference between patent rights and copyrights
1. There are different ways to obtain protection: Copyrights are mostly implemented when important works are completed independently. Regardless of whether they are identical or similar, they are all protected by copyright law. However, for inventions with the same content, they are protected by copyright law.Patent law only grants patents to the first applicant and requires “originality”.
2. The scope of rights objects is different: copyright protects literary, artistic, and scientific works; patent rights protect invention patents, utility model patents, and design patents. The subject matter of copyright is much broader than that of patent rights.
3. The content of rights is different: personal rights in copyright are non-transferable and permanent, including the right of publication, the right of signature, the right of modification, etc. Copyright property rights mainly include reproduction rights, distribution rights, exhibition rights, performance rights, broadcast rights, etc. In contrast, the content of patent rights is simple, while the use of copyright property rights is complex.
4. The exclusivity of rights is different: my country's "Copyright Law" stipulates that as long as it is an original work, regardless of whether it is similar to a published work, it can obtain independent rights. of copyright. In contrast, patent rights are highly exclusive. If an inventor obtains a patent for a technological achievement, others cannot use the technology in production or business without his permission.
5. Rights are protected for different periods of time: Personal rights in copyrights are generally not subject to time limits, while property rights in copyrights have a longer protection period. The protection period of a citizen's copyright is the lifetime of the author plus 50 years after his death: the protection period of the copyright property rights of legal persons' works and professional works is 50 years, but if the work has not been published for 50 years since its creation, it is not protected; invention patent rights The protection period for utility model and design patents is 20 years, and the protection period for utility model and design patents is 10 years.
The above is an introduction to the relevant content. In fact, they are relatively easy to distinguish. I believe that after reading the above article, you have a full understanding of the similarities and differences between patent rights and copyrights. This is an important matter for property rights owners and must be understood clearly. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
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