Copyright in China, like most other countries, comes into being automatically after the author's works are created, without the approval of any competent department. However, the trademark right in China is based on the principle of prior registration. Only after the first application for registration and approval by the competent authority can the exclusive right to use a trademark be obtained.

(2) The object and scope of protection are different.

The object of copyright is the literary, artistic and scientific works created by the author, and it is a tangible asset. His works include the following forms: literary works; Oral works; Music, drama, folk art and dance works; Fine arts and photographic works; Engineering design, product design drawings and their descriptions; Maps, schematic diagrams and other graphic works; Computer software; Other works as prescribed by laws and administrative regulations. The scope of copyright protection refers to the right to publish, modify and protect the integrity, use and remuneration of these works.

The object of trademark right is a registered trademark composed of words, graphics or their combination, which belongs to intangible assets. The scope of protection of the trademark right is limited to the goods approved for use by the registered trademark.

(3) The purpose of protection is different.

Copyright protects literary, artistic and scientific works and related rights and interests. Its purpose is to encourage the creation and dissemination of works beneficial to society and promote the development and prosperity of socialist culture and science.

A trademark protected by a trademark right is a symbol with distinctive features that distinguish the source of goods or services. The purpose of protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks, thus protecting the interests of consumers and promoting the development of socialist commodity economy and fair competition.

(4) National authorities and applicable laws are different.

China's Copyright Law (20065438+0 65438+1the first revision on October 27th) is the basic law of copyright. The National Copyright Administration is in charge of national copyright management.

China's trademark law (20065438+0 65438+1the second revision on October 27th) is the basic law of trademark management. The Trademark Office of the State Administration for Industry and Commerce is in charge of the national trademark registration and management.

(5) the timeliness is different

China's Copyright Law stipulates that the term of protection of an author's right of authorship, modification and the right to protect the integrity of a work is unlimited. The protection period of citizens' right of publication, use and remuneration is 50 years before and after the author's death; If it is a collaborator's work, the deadline is 50 years after the death of the last deceased author. The copyright (except the right of signature) of the works of a legal person or entity without legal personality, and the protection period of the rights of publication, use and remuneration enjoyed by a legal person or entity without legal personality is 50 years. The term of protection of the rights of publication, use and remuneration of films, television, videos and photographic works shall be 50 years. Unpublished works within 50 years after creation are no longer protected.

According to China's Trademark Law, the period of validity of a registered trademark is 10 year, and the registration can be renewed upon expiration. There is no system for repeated application, and the period of validity of each renewal registration is 10 year.

Similarities and differences between copyright and trademark rights and patent rights

I. Similarities

Copyright, patent right and trademark right are all intellectual property rights, and there are many similarities between them. For example, there are the following aspects:

(1) Its object is intangible property;

(2) The exclusive rights of these knowledge products are given by law;

③ They all have the characteristics of exclusiveness, regionality and timeliness.

Second, differences.

1. The difference between copyright and patent right

(1) Different ways to acquire rights.

The patent right can only be produced after the patent applicant applies to the State Patent Office and obtains the approval of the office. For two or more independently completed invention applications with the same or similar contents, China's patent law stipulates that the patent right shall be granted to the earlier applicant, and the patent laws of some countries stipulate that it shall be granted to the first inventor. Copyright is not like this. Most national treasures in the world, including China, adopt the principle of automatic generation, and only a few countries in the world require registration. Copyright only emphasizes the originality of the expression of the work. Therefore, if two or more works are created independently, as long as the objective expressions of their ideological contents are different, even if their ideological contents are similar, copyright can automatically be generated.

(2) Different objects

The object of patent right is a novel, creative and practical new technical scheme to solve a practical problem, while the object of copyright is the objective expression of literary, artistic and scientific works.

(3) The duration of rights protection is different.

According to the patent law of our country, the protection period of invention patent is 20 years, and that of utility model and design patent is 10 years, counting from the date of application. However, China's Copyright Law stipulates that the copyright protection period of citizens' works is 50 years before and after the author's death.

2. The difference between copyright and trademark right

(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 any legal formalities. However, the acquisition of trademark rights must be applied by the applicant and approved and registered by the Trademark Office.

(2) Different objects

The object of trademark right 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. A trademark applied for registration must have distinctive features according to law. In other words, the object of trademark right is mainly a form of appearance. If, with the consent of the obligee, the same work of art is used as a symbol to identify different commodities and show the quality of different commodities, it is a trademark; When it is used for viewing, it can exist as a work of art in the object of copyright.

(3) the protection period is different

Once the object works of copyright and the object technical scheme of patent right have passed the legal validity period and entered the public domain, people can use them without permission of the right holder and without paying any remuneration. Trademark rights are different. China's Trademark Law stipulates that the trademark right is valid for 10 years, but there are provisions for continuous renewal. In fact, China provides indefinite protection for trademark rights. I hope I can help you adopt it.