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Advertising Copyright Protection-How to Protect the Copyright of Advertising Slogans

Applying for copyright protection of advertising slogans

Legal analysis: Applying for copyright protection of advertising slogans: Any advertising slogan is composed of words. If you want to be protected by intellectual property rights, there are two ways Apply for registered trademark and constitute copyright. According to relevant legal provisions, only when a combination of words reaches a certain level of distinctiveness can you apply for a registered trademark. Advertising words are often too long, and the content describes the quality of the product rather than the source of the product, which does not meet the distinctiveness requirements. Secondly, the written expression must be original and reflect sufficient intellectual achievements, so that it can be protected by copyright law. Relatively speaking, advertising words are more likely to be protected by copyright.

Legal basis: "Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China" 9. Article 40 is revised to three paragraphs: "Counterfeiting another person's registered trademark, If it constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be investigated in accordance with the law. ""If it constitutes a crime by forging or manufacturing registered trademarks of others without authorization, or selling forged or unauthorized registered trademarks, in addition to compensating the losses of the infringed party. In addition, criminal liability shall be pursued in accordance with the law. "If the sale of goods that are knowingly counterfeit registered trademarks constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law." This decision shall come into effect on July 1, 1993. The Trademark Law of the People's Republic of China will be revised accordingly and re-announced in accordance with this decision. Can advertising slogans apply for copyright protection?

Legal subjectivity:

If an advertising slogan is original and can be expressed in a certain form, it can be regarded as a literary work and subject to copyright registration. For advertisements, you generally need to go to the local provincial copyright bureau or the China Copyright Protection Center to apply, and submit relevant materials to pay the fee.

Legal objectivity:

Article 52 of the Copyright Law: Anyone who commits the following infringements shall, according to the circumstances, bear civil obligations such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Responsibilities: (1) Publishing his work without the permission of the copyright owner; (2) Publishing a work created in collaboration with others as a work created alone without the permission of the co-author; (3) Not participating in the creation, for Seeking personal fame and fortune by signing others' works; (4) distorting or tampering with other people's works; (5) plagiarizing other people's works. How to protect the copyright of advertising slogans

Any advertising slogan is composed of words. If the combination of words is to be protected by the copyright of advertising slogans, there are only two ways to apply for a registered trademark and constitute a copyright. Article 3 of the Copyright Law states that the works referred to in this law include works of literature, art, natural science, social science, engineering technology and other works created in the following forms: (1) written works; (2) oral works; (3) ) Music, drama, folk art, dance, and acrobatic art works; (4) Fine arts and architectural works; (5) Photographic works; (6) Film works and works created with methods similar to filmmaking; (7) Engineering design drawings, Product design drawings, maps, schematics and other graphic works and model works; (8) Computer software; (9) Other works specified by laws and administrative regulations.