What is the difference between copyright and patent right
Copyright refers to citizens and legal persons and other organizations in literary, artistic and scientific works created by them. Patent rights refer to the exclusive rights enjoyed by patentees over their inventions, utility models and designs in accordance with the law. The main differences between copyright and patent rights are as follows:
(1) The objects of protection are different. Copyright protects the expression of the author's thoughts, emotions, and opinions, but does not protect the content itself, such as novels, essays, movies, songs, pictures, etc. Patent rights protect inventions and creations, which fall within the scope of ideas and opinions, including inventions, utility models and designs, such as the invention of televisions, methods of manufacturing light bulbs, and the unique design of Coca-Cola bottles.
(2) The conditions and requirements for protection are different. Determined by the object of protection, copyright law can protect two works with the same subject matter, as long as these works are original; but patent rights will not protect two inventions with the same subject matter. For example, A invented a television and applied for After obtaining the patent, B cannot apply for this patent again.
(3) Rights are generated in different ways. Copyrights can usually be generated automatically without going through any registration or review procedures; patent rights must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.
(4) The rights content is different. Copyright includes both personal rights and property rights; patent rights only include property rights such as the right to implement, the right to license others to implement, and the right to transfer, but do not include personal rights.
(5) The rights protection period is different. As mentioned before, the protection period for copyright property rights in works is generally the lifetime of the author plus 50 years after death; the protection period for patent rights is 20 years for invention patents.10 years for appearance designs and utility models, both calculated from the date of application.
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What measures should be taken to protect patent rights
1. Earnestly implement the laws and regulations for the protection of patent rights. Our country has promulgated many laws, regulations and departmental regulations for the protection of patent rights, as well as some relevant judicial interpretations, such as the Patent Law and the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases. "Several Provisions", etc., and implement various laws and regulations for the protection of patent rights to the letter. Administrative law enforcement departments and judicial organs must increase the punishment of patent infringements to make infringers fear the law, so that infringements can be effectively punished. Containment reflects the role of laws and regulations in protecting patent rights.
2. Enhance the awareness of legal protection of patent rights and increase the popularization and publicity of domestic and international laws and regulations for patent protection. Patent holders should be familiar with the laws and regulations related to their patent rights, improve patent holders' awareness of self-protection, and implement protection measures at all stages from application to authorization.
3. To encourage patent applications, the state should introduce a series of measures to encourage scientific researchers to actively apply for patents, so that patents can be transformed into productivity as soon as possible and benefit the people, especially Pay attention to applying for patents abroad to better protect patent rights.
4. Establish a complete patent transfer mechanism. my country has not yet established a complete mechanism to protect patent transfer. Professional patent evaluators and promotion agencies are also relatively small. There is a phenomenon that “it is difficult to research patents, but it is even more difficult to transfer patents”. Therefore, it is imperative to establish a complete mechanism to protect patent transfer, accelerate the cultivation of patent transfer talents, and create a group of high-quality talents who have patent evaluation knowledge, understand patent promotion skills, and can safeguard the interests of patentees.
5. Strengthen customs protection of patent rights. In my country's import and export trade, many are patented products, some of which are patent infringement products. Patent infringement behavior is both Some are from domestic and some are from abroad. Therefore, in order to protect the legitimate rights and interests of patent holders and consumers and improve the international reputation of our products, we should increase investment in people, money and materials in customs and patent management agencies, strictly control the country, and prevent patent-infringing products from entering and leaving the country.
What is the difference between copyright and patent rights? Copyright and patent rights belong to different copyrights. Naturally, their implementation methods, applications, etc. will be different. If you need to understand intellectual property rights, you can pay more attention to it. About copyright and patent rights If you have something you don’t understand about disputes in other aspects, you should actively seek help from a lawyer on the Legal Savior Network.
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