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What's the difference between design works and design patents and copyright registration?
What's the difference between design works and design patents and copyright registration? Graphic design, such as packaging design and product design, belongs to the same protection scope as copyright protection and design patent right. However, there are great differences between safety and design patent in strength, scope and cost. Authors should fully consider these differences when choosing copyright registration and creative rights of works. What's the difference between design works and design patents and copyright registration? First, the novelty and practicality of copyright and patent. Copyright requires the originality of the work, not the specific usability and novelty. Most original design works can have a wide range of copyright protection, but patents only accept three kinds of design applications, specifically novelty, creativity and practicality. In addition, the copyright owner has the right to prohibit anyone from copying any work without permission. However, there are restrictions on the protection of design, and the scope of protection is stipulated, which is based on the pictures in the application materials or the products with design in the pictures. In the latest amendment to the Patent Law, it is clearly required that the patent right of design belongs to the existing design, and no individual or unit may own the same design, and apply to the patent administration department of the State Council before the application date, and record it in the patent document after the application date. Therefore, the patent law requires higher novelty of design, and the patented design is obviously different from the combination of features of existing or existing designs. The monopoly power of patent right is stronger than that of copyright, and its protection will be relatively greater. The Ministry of Security requires the work to be original, but it is required to be done independently, and sometimes it is impossible to tell whether it is done independently. In the process of creation, the cited examples belong to the normal range, so if you encounter infringement, if you can't prove that the infringer really touched your work, it is likely to be recognized as infringement by the court. The patent requires that the work is unique, so no matter whether the author has published it or not, he can't get a patent. A design patent enjoys exclusive rights and patent rights within the validity period of the patent. After the patent right is granted, no individual or unit may manufacture, sell, import or design the patented product without the permission of the patentee. Second, the copyright is automatically generated after the work is completed, and there is no need to perform any registration procedures. The registration of general patent rights requires the authorization of the patent administration authorities, and the patent rights can only be obtained after examination and approval, announcement and issuance of patent certificates. However, the term of patent right is usually more than one year, and some even need two to three years. After the patent right was granted, the after-sales market had already disappeared, and the production cycle was delayed again and again. Therefore, many countries have adopted the dual protection of patents and copyrights for designs. There is no clear stipulation on whether designs are protected by copyright in China, but there are cases in which products are obtained according to copyright law in judicial practice. Compared with the invention patent, the design patent does not need substantive examination, so the application process is simple and the required time will be shorter. Third, copyright protection lasts longer. The copyright protection period is 50 years after the author's death and death, and the publication date of the copyright protection period of legal person works is 50 years. The patent protection right of design is only 10 years. Fourth, there is no annual fee for copyright protection, including copyright registration, and the filing of works is voluntary. The design needs to pay the annual patent fee, otherwise it will be regarded as a waiver of rights.