The process of formulating trademark rights is to protect the interests of consumers and promote the development of the socialist commodity economy and fair competition. Regarding the difference between graphic copyrights and trademarks.

1. How to define copyright

Copyright, also known as copyright, is divided into moral rights and property rights. Among them, the connotation of moral rights of works includes the right of publicity, the right of name expression, and the right to prohibit others from using the work to damage the reputation of the author in a distorted or altered manner. Copyright property rights are intangible property rights and are rights based on human knowledge. Therefore, they are one of the intellectual property rights, including the right to reproduce, the right to public dictation, the right to public broadcast, the right to public screening, the right to public performance, the right to public transmission, and the right to public display. rights, modification rights, distribution rights, rental rights, etc.

What copyright should protect is the expression of ideas, rather than protecting the ideas themselves, because while protecting the property rights of works and such exclusive private property rights, the accumulation of human civilization, knowledge and information must also be taken into account The dissemination of algorithms, mathematical methods, technologies or machine designs are not protected by copyright.

Copyright is a right with a limited time limit. After a certain period of time, the property rights of the copyright will expire and it will belong to the public domain and anyone can freely use it. During the copyright protection period, even without the author's consent, it can be used as long as it complies with the "fair use" provisions. All these regulations are aimed at balancing the interests of the author and society in the further use of the work.

The difference between graphic copyright and trademark

2. What are the substantive requirements of copyright

Substantial conditions refer to the legal requirements for works. There are generally two standards. . One standard is that as long as specific thoughts or emotions are given a certain literary and artistic form, whether this form is the entire work or part of it, and it does not matter whether the work has taken a certain material form and been fixed, it can be legally Considered a protected work. Another standard is that in addition to meeting the general conditions of being a work, that is, being expressed in a certain literary and artistic form, it also requires that this form be fixed through a material carrier in order to obtain copyright protection. According to this standard, oral works and some improvised dance, music, and folk art works may be excluded from the protection of copyright law. Article 2 of the Berne Convention stipulates that it is up to each country to decide whether to provide copyright protection for works that have not been fixed in a material carrier. Our country’s copyright law adopts the first standard. Oral works, etc. can all be protected by copyright law. Therefore, the so-called substantive conditions refer to the fact that the law regards the production of literary and artistic works as the only legal fact for obtaining copyright.

3. The difference between graphic copyright and trademark

1. The ways in which original rights are generated are different

Copyright: Copyright in our country, like most other countries, is It is automatically generated in accordance with the law after the author's work is created, without the need for review and approval by any competent authority.

Trademark: The principle of first-to-register is adopted for trademark rights in my country. Only after the first application for registration and approval by the competent authority can the exclusive right to trademark be obtained.

2. Different purposes of protection

Copyright: Copyright protects works created in literature, art and science and related rights and interests. Its purpose is to encourage the creation and dissemination of works that are beneficial to society and promote the development and prosperity of socialist culture and science.

Trademark: A trademark protected by trademark rights is a sign with distinctive features that distinguishes the source of goods or services. The purpose of protection is to encourage producers to ensure product quality and maintain trademark reputation, so as to protect the interests of consumers and promote the development of the socialist commodity economy and fair competition.