Current location - Trademark Inquiry Complete Network - Trademark inquiry - Is there any conflict between copyright law and trademark law in China?
Is there any conflict between copyright law and trademark law in China?

Q: Is there any conflict between the copyright law and the trademark law in China? A: The two subjects of protection are different. Copyright, also known as copyright, protects literary works, film and television works and other types of literary works. Copyright can be obtained automatically without applying, and it will be obtained automatically from the date of completion of the works. Trademarks, which protect the right to mark goods, need to have distinctive features to show the difference. Trademarks need to be applied for, and only after passing the examination after application can they have trademark rights; Everyone has exclusive rights, that is to say, everyone can exclude others from using copyrighted content, trademarks and patented technologies without permission. The difference between copyright and trademark rights (1) The conditions for obtaining rights are different. Copyright is automatically generated according to the principle of "automatic protection" and can be protected by law without going through any legal procedures. However, the acquisition of trademark rights must be applied by the applicant and approved and registered by the Trademark Office. (2) Object The object of different trademark rights is the trademark itself that distinguishes different producers or operators of the same commodity or service and indicates the quality of the commodity or service. The trademark applied for registration must have remarkable characteristics according to law. In other words, the object of trademark right is mainly a form of appearance. If the same work of art is used as a symbol to identify different commodities and show the quality of different commodities after obtaining the consent of its obligee, it is a trademark; When it is used for people to watch, it can be used as a work of art in the object of copyright. (3) Object works with different copyright protection periods and object technical solutions of patent rights can be used without permission of rights and without paying any remuneration once they enter the public domain beyond the legal validity period. Trademark rights are different. China's Trademark Law stipulates that trademark rights are valid for 1 years, but there are provisions for continuous renewal. In fact, China provides indefinite protection for trademark rights.