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my country’s Copyright Law does not protect book titles

□ The title of Guo Bingjiu’s book is the result of the author’s intellectual labor and should seek copyright protection first. my country's Copyright Law and its implementing regulations stipulate that the object protected by copyright law is limited to the work itself, but does not explicitly include the name of the work. Although my country's Copyright Law has provisions on "protecting the integrity of works", an expanded interpretation of copyright can be made based on this, so that the name of the work is included in the object of copyright protection, which inevitably requires the name of the work to have a certain originality. However, the originality of the work is generally difficult to reflect and distinguish in the name of the work. In fact, our country allows the existence of works with the same name. As long as the content is different, they can all obtain copyright protection. It can be seen that my country’s current copyright law lists book titles as public domain and does not protect exclusive rights. It is possible to register a book title trademark. The book itself has dual attributes. In the sense of embodying the work, the book, as the carrier of the work, is the copyright object. This object is essentially the work, not the book itself; from paper, cover, standardization From the perspective of being bound into a book, it is a product or commodity, a tangible property purchased by consumers, rather than an object of copyright. The books that each reader has purchased as a "thing" are equivalent to general of goods. This dual attribute leads to the different focus of the protection of books in the Copyright Law and the Trademark Law. The Copyright Law only protects the content of books, while the Trademark Law protects the trademarks used on books to distinguish different books. of provenance, and gradually build up trademark credibility to attract readers to purchase your books. From the perspective of the Trademark Law alone, books, as a common commodity, are protected by the Trademark Law. Registering book trademarks using book titles, as long as they do not violate the provisions of the Trademark Law, is not legal in principle. No. However, book titles are often closely integrated with the work, that is, the content of the book. As a result, most book titles, especially those of stand-alone books, cannot be registered because they violate the provisions on distinctiveness and prohibition in the Trademark Law. There are also quite a few book titles that do not directly represent the content of the book, but are fully in compliance with the provisions of the Trademark Law. I think they can be registered. However, it must be clear that due to the particularity of book titles, registration of book title trademarks must undergo strict review by the Trademark Office. Scope of protection of book title trademarks Many authors and publishers hope to protect their exclusive rights to book titles through trademark registration. Whether this wish can be realized depends on the scope of protection of book title trademarks. The author believes that as a trademark, the applicant of a registered book title enjoys the exclusive right to use the trademark. No one may use the title as a trademark on a book without the permission of others. This is unquestionable. Of course, the book title belongs to the public domain. Other authors can still create and publish with the title. As long as the content is different from the work with the same name, it can be protected by copyright law. This is the important difference between book title trademarks and ordinary trademarks. The difference. It’s just that publishers and distributors of books with the same name are not allowed to mark registered trademarks (?) on their titles, otherwise they will be treated as infringement of other people’s trademark rights. There is no explicit provision on the scope of protection of book title trademarks in the current Trademark Law. We suggest that the legislative department can formulate this issue when amending the Trademark Law and its implementing regulations so that limited protection of book title trademarks can be implemented. Protect and avoid conflicts with intellectual property laws such as the Copyright Law. Examination of Book Title Trademarks When the Trademark Office examines book title trademarks, in addition to conducting examinations in accordance with the provisions of the Trademark Law and the standards for examining ordinary trademarks, it also distinguishes between different types of book titles and appropriately adjusts its examination standards. 1. The names of magazines and periodicals are expressly stipulated by our country's laws and can be registered as trademarks in full. In view of the fact that compared with other books, such publications are specific in content and stable in distribution. After obtaining trademark registration, you will have exclusive rights to the names of magazines and periodicals, which is extremely exclusive. In order to prosper my country's magazine and periodical market and promote scientific and cultural exchanges, the review standards are relaxed, and trademark registration can be approved as long as the names are not exactly the same. 2. The name of a single book cannot be registered as a trademark in many countries and should be clarified in some form and disclosed to the public. Considering that the number of stand-alone books is extremely large and the naming is very complicated, it is difficult to clarify it in a fixed form in practice. Therefore, although the names of stand-alone books can be registered as book trademarks at this stage, the focus of the review is on whether they directly represent the content of the book. on, strict control. Only single-line book titles that do not directly represent the content of the book can be approved for trademark registration.

3. The review standards for the titles of encyclopedias and dictionaries and the general names of book series can be appropriately relaxed on the basis that they do not violate the prohibited provisions of the Trademark Law. The focus of the review is on the originality of such names. Names with unique styles such as "Old Comics" and "Old Photos", although they reflect the content of the book to a certain extent, the results of their use can leave a deep impression on readers. The book title trademark should also be protected. Link: Recently, Cai Jun registered the "Cai Jun's Psychological Suspense Novels" series as a book trademark. The book trademark includes the name and logo of "Cai Jun's Psychological Suspense Novels".