Legal analysis: 1. Different rights. 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. The authorities granting rights are different. 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 require originality, 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.

legal basis: article 2 of the patent law of the people's Republic of China. inventions mentioned in this law refer to inventions, utility models and designs.

invention refers to a new technical scheme proposed for a product, method or its improvement.

utility model refers to a new practical technical scheme for the shape, structure or combination of products.

appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the overall or partial shape, pattern or their combination, as well as the combination of color, shape and pattern.

trademark law of the people's Republic of China article 4 if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the trademark office for trademark registration. An application for registration of a malicious trademark that is not intended for use shall be rejected.

the provisions of this law on commodity trademarks are applicable to service trademarks.

Copyright Law of the People's Republic of China Article 2 Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.

The copyright enjoyed by the works of foreigners and stateless persons according to the agreement signed between the country where the author belongs or the country where he has his habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law.

works of foreigners and stateless persons that are first published in China shall enjoy copyright in accordance with this law.

works that have not signed an agreement with China or * * * with the authors of countries participating in international treaties and stateless persons are published in the member countries of the international treaty to which China participated for the first time, or published in both member countries and non-member countries, shall be protected by this law.