Some friends can't tell the difference between trademarks, patents and copyrights. Xiaobian collected some materials here, hoping to help friends understand the relationship and differences among them.

1 all three belong to the narrow sense of intellectual property rights, that is, all belong to the traditional sense of intellectual property rights.

2 The nature of the three is the same, that is, they all have the private right of the right ontology and the immaterial nature of the right object.

3 all have the exclusive characteristics of intellectual property rights, that is, intellectual property rights are monopolized by the obligee, who monopolizes this right and is strictly protected. No one may use the intellectual products of the obligee without legal provisions or permission.

4 all have the regional characteristics of intellectual property rights, that is, the rights of the three are not unlimited, but subject to geographical restrictions, that is, they are strictly territorial and their effectiveness is limited to their own territory.

5 all of them have the temporal characteristics of intellectual property rights, that is, their rights are only protected within the time limit stipulated by law. Once the time limit is exceeded, their rights will automatically disappear, and the related intellectual property rights will become the common wealth of the whole society.

difference:

1 the right attributes are different. Copyright has dual attributes of personal rights and property rights; Patent right and trademark right are just a kind of property right, which has no personal right.

2 different authorities grant rights. Copyright is obtained automatically when the creation of the work is completed, and copyright can be obtained without applying to any organ for registration; The patent right was granted by China National Intellectual Property Administration; Trademark rights are granted by the State Trademark Office.

3 the protection conditions are different. The works protected by copyright law are required to be productive, and plagiarism and plagiarism of other people's works are prohibited; The patent right is granted to the first applicant, which is the first requirement for the invention-creation of the patent application; The prerequisite for trademark registration is that the trademark should be recognizable.

4 different application fields. The works protected by copyright law are applicable to a wide range of fields, mainly involving literature, art and science. Patent and trademark rights mainly occur in industrial, agricultural and commercial fields.

5 the protection period of rights is different. The protection period of the property right of copyright and the right of publication in personal rights is the author's life plus 5 years after his death, when the work enters the public domain; The protection period of invention patent in patent right is 2 years, and that of utility model and design is 1 years, counting from the date of application. The term of protection of trademark rights is 1 years, counting from the date of approval of registration, and it can be renewed at the expiration, and the number of renewals is not limited. Copyright patent