1. What are the similarities and differences in patent, trademark and copyright operations
The same Points
1. Their objects are intangible properties;
2. These pairs The exclusive rights of intellectual products are granted by law;
3. They all have exclusive, regional and temporal characteristics.
Differences
1. Different ways of obtaining rights
Patent applicants can apply to the national patent authority, and only after approval by the authority can patent rights be generated.
Trademark rights must be obtained by the applicant and must be approved by the Trademark Office for registration.
Copyright is voluntary, and a few countries in the world require registration procedures.
2. The protection period of rights is different
my country's "Patent Law" stipulates that invention patents The protection period is 20 years, and the protection period for utility model and design patents is 10 years, starting from the date of application.
The validity period of trademark rights stipulated in my country's Trademark Law is 10 years, but there are provisions for continuous renewal. This actually means that my country provides unlimited rights to trademark rights. period of protection.
my country's "Copyright Law" stipulates that the protection period of the copyright property rights of citizens' works is the lifetime of the author and 50 years after his death.
3. Different objects
The object of patent rights is a new technological solution that is novel, creative and practical in solving a practical problem.
The object of trademark rights It is a trademark mark itself that distinguishes different producers or operators of the same goods or services and indicates the quality of the goods or services. The trademark applied for registration must have distinctive features in accordance with the law and be used for commercial purposes.
The object of copyright is the sharing of ideas in the creation of literary, artistic and scientific writings.
2. Copyright can be transferred within a time limit
Copyright can be transferred, but the period of copyright transfer depends on the specific agreement between the two parties, but copyright, that is, the copyright itself, has a protection period. The protection period is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the death of the author; in the case of a collaborative work, it ends on December 31 of the fiftieth year after the death of the last author. .
Copyright and copyright owners transfer the property rights in their copyrights to others. The methods of copyright transfer include inheritance, donation and paid transfer. Copyright Paid transfer is the basic content of copyright transactions, also known as "selling copyright" in China. Copyright transfer can be the transfer of part of the property rights in the copyright, or it can be the transfer of all the property rights in the copyright; it can be within a certain period of time during the copyright protection period. Transfer can also be a transfer within the entire copyright protection period. All copyrights are transferred for a fee during the entire copyright protection period, which is also called "copyright sale" in China.
[Warm Tips]The above is the content summarized by the editor of Legal Savior Network. This is based on the experience of current issues. Courts in different regions have subtle differences in trial standards. When handling cases, you must Choose a professional lawyer, click for quick consultation, communicate with the lawyer one-on-one about your legal demands, and protect your legal rights!
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