The differences are as follows:

Intellectual property rights include two parts: industrial property rights and copyright (called copyright in China).

industrial property rights

Invention patents, trademarks and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, names of manufacturers, names of places of origin, prevention of unfair competition, new plant variety rights and exclusive rights of integrated circuit layout design, etc. Main types: 1. Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner to protect his registered trademark by national laws. A trademark is a commercial symbol used to distinguish goods and services from different sources, which consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements. The acquisition of trademark rights in China must fulfill the trademark registration procedures and implement the principle of prior application. Trademark is a kind of identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly lies in promoting industrial development. 2. Patent right and patent protection refers to an invention-creation that, after filing a patent application with the State Patent Office and passing the examination according to law, is granted the exclusive right to the invention-creation within a specified time. According to China's patent law, there are three types of inventions, namely, inventions, utility models and designs. After a patent for invention and utility model is granted, the patentee has the exclusive right to the invention-creation. No unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes. After the patent right of design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, sell or import the patented products for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. Of course, there are also non-infringement exceptions, such as the right of prior use and the use of scientific research purposes. Patent protection adopts the protection mode of "two ways, parallel operation and judicial guarantee" of judicial and administrative law enforcement. Administrative protection in this region takes the form of patrolling law enforcement and joint law enforcement, concentrating on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment. 3. Trade name right. That is, the name right of a manufacturer is a right to use its registered trade name (manufacturer name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the personal name right (a kind of personality right). In addition, such as the name of origin, proprietary technology and anti-unfair competition are also stipulated in the Paris Convention, but the name of origin is not an intellectual achievement, and proprietary technology and unfair competition can only be protected by the anti-unfair competition law, which is generally not included in the scope of intellectual property rights.

Copyright (copyright)

Works in natural science, social science, literature, music, drama, painting, sculpture, photography and cinematography constitute copyrights. Copyright is the right of a certain unit or individual to print, publish and sell a certain work according to the law. Anyone who wants to copy, translate, adapt or perform needs the permission of the copyright owner, otherwise it is an infringement of the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is the original author of literary, artistic, scientific and technological works, which is a civil right enjoyed by his works according to law. Copyright: In our country, when copyright is used in a broad sense, it includes (narrow sense) copyright, neighboring rights of works, computer software copyright, etc., which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crops (works) exclusively. In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (Article 1 of the Copyright Law). Copyright is divided into personal rights of works and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights. Copyright: 1: Copyright comes into being from the date when the work is created. 2. Also called copyright. It is divided into personality right and property right of works. Among them, the connotation of the personality right of works includes the right of public publication, the right to express names and the right to prohibit others from using works to damage the reputation of authors by distorting or changing them. 3. There are the following rights: (1) the right to publish, that is, the right to decide whether the work is made public; (2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work; (3) the right to modify, that is, the right to modify or authorize others to modify a work; (four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; (5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, recording, video recording, copying or remaking; (6) the right of distribution, that is, the right to provide the original or copy of a work to the public by way of sale or gift; (7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent; (8) The right to exhibit, that is, the right to publicly display the originals or duplicates of works of art and photography; (9) The right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work by various means; (1) the right of projection, that is, the right to publicly reproduce art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment; (11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless, to disseminate broadcast works to the public by wired or rebroadcast, and to disseminate broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images; (12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place selected by them; (13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by a method similar to making a film; (14) the right of adaptation, that is, the right to change a work and create a new work with originality; (15) the right to translation, that is, the right to convert a work from one language into another; (16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement; (seventeen) other rights that should be enjoyed by the copyright owner. Copyright should protect the expression of ideas, not the idea itself, because while protecting the exclusive private property rights such as the property rights of works, we must also take into account the accumulation of human civilization and the dissemination of knowledge and information, so algorithms, mathematical methods, technology or machine design are not the objects to be protected by copyright.

[ Edit this paragraph] Features

Features of intellectual property (1) Intellectual property is an intangible property. (2) Intellectual property rights are exclusive. (3) Intellectual property has the characteristics of timeliness. (4) Intellectual property rights have regional characteristics. (5) The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration. 1, exclusivity, that is, exclusivity or monopoly; No one other than the obligee may enjoy or use this right unless the obligee agrees or the law stipulates. This shows that the exclusive rights monopolized or monopolized by the obligee are strictly protected from infringement by others. Only through legal procedures such as "compulsory license" and "expropriation" can the exclusive right of the obligee be changed. The object of intellectual property is the intellectual achievement of human beings, which is neither a person nor a personality, nor a tangible or intangible thing outside, so it can neither belong to personality rights nor property rights. On the other hand, intellectual property is a complete right, but the interests as the content of the right are both economic and non-economic, so intellectual property can not be said to be a combination of the two types of rights. For example, it is wrong to say that copyright is the combination of personal rights (or personality rights or spiritual rights) and property rights of works. Intellectual property is a kind of right with complex content (multiple powers) and economic and non-economic nature. Therefore, intellectual property rights should stand side by side with personality rights and property rights and form a class of their own. 2. Regionality, that is, it is only valid within the confirmed and protected areas; That is, unless an international convention or bilateral reciprocal agreement is signed, a right protected by a country's laws only takes legal effect within the country. Therefore, intellectual property rights are both regional and international under certain conditions. 3, timeliness, that is, only in the prescribed period of protection. That is to say, the protection of various rights by law has a certain period of validity, and the length of the protection period may be the same or not. Only when participating in international agreements or making international applications can a certain right be protected uniformly. 4. Intellectual property is an absolute right, which is similar to the ownership in real right in some aspects, such as the right to directly control the object, which can be used, benefited, disposed of and controlled for other kinds (but there is no possession problem); Exclusive; Transferability (including inheritance), etc. 5. Intellectual property rights are restricted by law in several aspects. Although intellectual property is a private right, although the law also recognizes its exclusive exclusivity, because people's intellectual achievements are highly public and closely related to the development of social culture and industry, it is not suitable for anyone to monopolize for a long time. Therefore, the law stipulates many restrictions on intellectual property: First, from the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and publicity methods. For example, the occurrence of a patent right requires application, examination and approval, and there are various conditions for the invention, utility model and design to be granted with a patent right (Articles 22 and 23 of the Patent Law), but no patent right is granted for some matters (Article 25 of the Patent Law). Although there are no restrictions on application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law. Second, the law has special provisions on the duration of rights. This is a big difference between intellectual property and ownership. Third, the obligee has a certain obligation to use or implement. The law provides for compulsory licensing or compulsory licensing system. For copyright, the law also stipulates a fair use system. 6, the legal characteristics of intellectual property rights. Legally speaking, intellectual property rights have three most obvious legal characteristics: first, the regionality of intellectual property rights, that is, except for the signing of international conventions or bilateral and multilateral agreements, the rights obtained according to the laws of a country can only be valid within the territory of that country and protected by the laws of that country; Second, the monopoly of intellectual property rights, that is, only the obligee can enjoy it, and others may not exercise their rights without the permission of the obligee; Third, the timeliness of intellectual property rights, the laws of various countries have stipulated a certain period of time for intellectual property rights, after which the rights will automatically terminate. The head of the intellectual property department of Lantai Law Firm, which focuses on the legal protection of intellectual property rights, said, "Intellectual property rights refer to the exclusive rights enjoyed by citizens, legal persons or other organizations in accordance with the law on the intellectual achievements completed by creative labor, which are protected by law and shall not be infringed."