Legal subjectivity:
1. In terms of the subject of rights, the subject of copyright can be an individual citizen, a legal person or an unincorporated unit, it can be the author himself, or other The heir or the inheritor of its rights and obligations can sometimes be the state. The main subjects of trademark rights are legal persons. If an individual citizen applies to register a trademark in my country, he or she must be an individual business owner. The state cannot be the subject of trademark rights. 2. In terms of the acquisition of rights, copyright is generally acquired automatically, while trademark rights require confirmation by national administrative agencies. 3. In terms of the subject matter of rights, the subject matter of copyright is literary, artistic and scientific works, and the subject matter of trademark right is the trademark used for goods or services. 4. In terms of the exclusivity of rights, two people under copyright can obtain the copyright if they independently complete the same work. Trademark rights are quite exclusive. Not only cannot there be the same trademark with the same scope of protection, but also there cannot be the occurrence of the same trademark with the same scope of protection. Similar trademarks. For well-known trademarks, the exclusivity of rights is even more obvious. According to the provisions of my country's Copyright Law, copyright refers to a civil right enjoyed by creators of literary, artistic and scientific works or other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with the law, with the object of control over their works. Specifically, it includes personal rights and property rights of copyrights. The personal rights of the copyright belong exclusively to the author, including the right of publication, signature, modification and the right to protect the integrity of the work. Copyright property rights refer to the copyright owner's right to use his or her works and to receive remuneration. It can be transferred to the copyright owner's heirs or legal persons or non-legal entities that bear the rights and obligations of the copyright owner in accordance with the law, or it can be enjoyed by the state. Trademark rights refer to the civil rights that trademark registrants enjoy over their registered trademarks in accordance with the law. In my country, the acquisition of trademark rights must be approved by the Trademark Office of the State Administration for Industry and Commerce. Trademark rights mainly include the right to exclusive use of a trademark, the right to transfer a trademark, the right to license a trademark, the right to inherit a trademark, etc. Among them, the exclusive right to use trademarks is the core of trademark rights. Legal objectivity:
Article 1 of the "Copyright Law of the People's Republic of China" protects the copyright of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, and encourages those who benefit from socialist spiritual civilization , the creation and dissemination of works for the construction of material civilization, and the promotion of the development and prosperity of socialist culture and science. This law is formulated in accordance with the Constitution. Article 2 of the "Copyright Law of the People's Republic of China" The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law. The copyrights enjoyed by foreigners and stateless persons in their works based on the agreement signed between the country of origin or habitual residence of the author and China or international treaties to which both countries are parties shall be protected by this Law. Article 1 of the "Trademark Law of the People's Republic of China" aims to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, and maintain the reputation of trademarks, so as to protect the interests of consumers and producers and operators. This law is specially formulated to promote the development of the socialist market economy.