(1) The purpose of protection is different
Inventions and creations protected by patent rights, It is a technical solution or an artistic creation and unique creativity in appearance design. The purpose of protection is to encourage inventions and creations, to facilitate the promotion and application of inventions and creations, and to promote scientific and technological progress and innovation.
The trademark protected by trademark rights is a sign with distinctive characteristics that distinguishes the source of goods or services. The purpose of protection is to encourage producers to ensure product quality and maintain trademark reputation, to protect the interests of consumers and to promote the development of the socialist commodity economy and fair competition.
(2) The objects and scope of protection are different
The object of patent rights is the patented invention , utility models or designs. Among them, invention refers to a major new scientific and technological achievement that is unprecedented, advanced and has been proven to be applicable in practice; utility model refers to an innovative design of the shape, structure or combination of an object, also known as a small invention; appearance Design refers to a new design of product shape, pattern, color or their combination that is innovative and aesthetically pleasing and suitable for industrial application. The scope of protection of patent rights shall be based on the content of the claims of inventions and utility models, and the design patent products shown in pictures or photos.
The object of trademark rights is a registered trademark consisting of words, graphics or a combination thereof. The scope of protection of trademark rights is limited to the approved registered trademark and the approved goods for use.
(3) National competent authorities and applicable relevant laws are different
my country’s Patent Law is The basic laws governing patents. The Patent Office of the State Intellectual Property Office is responsible for the management of patent acceptance and examination of patent applications nationwide.
my country's Trademark Law is the basic law governing trademarks. The Trademark Office of the State Administration for Industry and Commerce is responsible for the registration and management of trademarks nationwide.
(4) Differences in timeliness
my country's "Patent Law" stipulates that invention patents The validity period is 20 years, and the validity period of utility model and design patents is 10 years.No renewal is allowed.
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 the application can be repeated without restriction, each renewal The validity period of registration is 10 years, so the validity period of trademark rights can be essentially unlimited.
Obviously, patent rights and trademark rights belong to two different categories of intellectual property rights. There are obvious differences. They are governed by the Patent Law and the Trademark Law respectively. "protection of.
But in special circumstances, part of the object of a certain right will appear in another right. Specifically: when the name and design of a patented invention meet the conditions stipulated in the "Trademark Law", it can be applied for registration as a trademark; and words, graphics and combinations that are the same as or similar to the registered trademark must comply with the "Patent Law". 》In this case, you can also apply for a design patent. Since patent rights and trademark rights are protected by respective laws, when the rights holders of the two are different, conflicts between patent rights and trademark rights may arise. This situation can be resolved in accordance with the principles of the "Opinions on Handling the Conflict between Trademark Exclusive Rights and Design Patent Rights" (December 7, 1995) of the Trademark Office of the State Administration for Industry and Commerce. "The exclusive rights to trademarks and design patents are important intellectual property rights and are protected by the Trademark Law and Patent Law respectively. The acquisition of these rights should abide by the principle of good faith in the Civil Code and must not infringe the rights of others. Priority rights."
Patent rights are the rights enjoyed by inventors and creators over their inventions, utility models and designs that are patented in accordance with the law.
Patent rights are the same as trademark rights. The objects of protection of both are intangible assets, and both have the characteristics of exclusivity, timeliness and regionality; All right holders have the right to transfer the object of their rights as the subject of a transaction, and all have the right to request compensation for damages when they are unlawfully infringed. At the same time, the name and design of a patented invention can also be applied for registration as a trademark.
