(1) Original rights are generated in different ways; 1, the copyright is automatically generated according to law after the author's work is created; 2. China's trademark right is the principle of first registration, then the most;

(2) The object and scope of protection are different; 1, the object of copyright is the literary, artistic and scientific works created by the author; 2. The object of trademark right is a note composed of words, graphics or their combination; The scope of protection of the trademark right is the goods approved for use by the registered trademark;

(3) The protection conditions required by law are different;

Second, the main differences between copyright and trademark rights

(1) Original rights are generated in different ways.

1, the copyright is automatically generated according to law after the author's work is created, and does not need the approval of any competent authority.

2. Trademark right is registered first in our country, and the exclusive right to use a trademark can only be obtained after applying for registration and approval by the competent department.

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

1, the object of copyright is the literary, artistic and scientific works created by the author, which is a tangible asset. The scope of copyright protection refers to the right to publish, modify and protect the integrity, use and remuneration of these works.

2. 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 content of rights is different. Copyright is an organic whole, with personal rights and property rights. Trademark right is only property right.

(4) The protection conditions required by law are different.

Copyright requires originality and originality of works.

Trademark right requires trademark to be significant.

5] The protection purpose is different.

1, the purpose of copyright protection is to encourage the creation and dissemination of works beneficial to society and promote the development and prosperity of socialist culture and science.

2. The purpose of trademark protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks.

Reputation, in order to protect the interests of consumers and promote the development of socialist commodity economy and fair competition.

(6) National authorities and applicable laws are different.

China's copyright law is the basic law of copyright. The National Copyright Administration is in charge of national copyright management.

China's trademark law is the basic law governing trademarks. The Trademark Office of the State Administration for Industry and Commerce is in charge of the national trademark registration and management.

Third, copyright, patent right and trademark right are all intellectual property rights, and there are many similarities between them. (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.

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.

Copyright is automatically generated. After the creation of the work is completed, it will be automatically generated according to law, without the approval of any competent authority.

(2) Different objects

The object of patent right is a novel, creative and practical new technical scheme, invention, design and utility model to solve practical problems.

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.

(4) Different protection conditions.

Copyright requires originality and originality of works.

The patent claims that the invention is novel, creative and practical.

5] Different application fields.

Copyright applies to the field of literature and art, and patents apply to the field of industrial production.