Current location - Trademark Inquiry Complete Network - Trademark registration - What is the difference between patent copyright and registration certificate?
What is the difference between patent copyright and registration certificate?

1. What is the difference between patent copyright and registration certificate?

The difference between copyright and patent certificate is:

(1) The objects of protection are different. Copyright protects the expression of the author's thoughts, emotions, and opinions, which can be in the form of novels, essays, movies, songs, pictures, etc. Patent rights protect inventions and creations, which fall within the scope of ideas and viewpoints, including inventions, utility models and designs.

(2) The conditions and requirements for protection are different. Determined by the object of protection, copyright law can protect two works with the same subject matter, as long as these works are original; however, patent rights will not protect two inventions with the same subject matter.

(3) Rights are generated in different ways. Copyrights can usually be generated automatically without any registration or review procedures; patent rights must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.

(4) The content of rights is different. Copyright includes both personal rights and property rights; patent rights only include property rights such as the right to implement, the right to license others to implement, and the right to transfer.

(5) The rights protection period is different. The protection period of copyright property rights is generally the lifetime of the author plus 50 years after death, starting from the date of implementation; the protection period of patent rights is 20 years for invention patents and 10 years for designs and utility models, both calculated from the date of application.

2. What are the legal characteristics of patent rights?

(1) Exclusivity. It means that patent right is an intangible property right with exclusive nature. Anyone who wants to implement the patent must obtain the permission of the patentee and pay royalties according to the agreement between the parties, otherwise it will constitute infringement, unless otherwise provided by law.

(2) Temporality. It means that the patent right is only valid within the authorization period. After the expiration or termination of the period, the invention becomes the common wealth of the whole society and anyone can freely use it. The term of the patent right is stipulated by the patent law.

(3) Regionality. It means that the patent rights granted by one country are only valid within the scope of the granting country or region and have no legal binding force on other countries or regions. The effectiveness of the patent rights granted by each country or region is independent of each other.

3. What rights does copyright include?

(1) The right of publication, that is, the right to decide whether the work will be made public;

(2) The right of signature, that is, the right to express The identity of the author, the right to sign the work;

(3) The right to modify, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, to protect the work The right to protect the work from distortion or tampering;

(5) The right to reproduce, that is, to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc. The right;

(6) The right of distribution, that is, the right to provide the original or copy of the work to the public by selling or donating it;

(7) The right of leasing, that is, the paid license The right of others to temporarily use the originals or copies of audio-visual works and computer software, except where the computer software is not the main subject of the lease;

(8) Exhibition rights, that is, the right to publicly display the originals or copies of fine arts, photographic works or The right to make copies;

(9) The right to perform, that is, the right to perform the work publicly and to publicly broadcast the work by various means;

(10) The right to screen, that is, the right to perform the work publicly The right to publicly reproduce art, photography, audio-visual works, etc. through projectors, slide projectors and other technical equipment;

(11) Broadcasting rights, that is, the public dissemination or rebroadcast of works by wired or wireless means, and the right to publicly reproduce works through loudspeakers or other similar means of transmitting symbols, sounds, images, to communicate broadcast works to the public.

(12) The right of information network dissemination, that is, the right to provide the public with wired or wireless means so that the public can obtain the work at the time and place of their choice;

( 13) Filming rights, that is, the right to fix the work on a carrier by filming audio-visual works;

(14) Adaptation rights, that is, the right to change the work and create original new works ;

(15) Translation right, that is, the right to convert a work from one language into another;

(16) Compilation right, that is, the right to convert a work or work into another language; The right to assemble the fragments into a new work through selection or arrangement;

(17) Other rights that should be enjoyed by the copyright owner.

In fact, after obtaining the patent right, the administrative department issues a patent right certificate instead of a registration certificate. The patent cannot be registered, but the trademark can be registered. In addition to the above differences, patent rights and copyrights are both intellectual property rights protected by law, both are intangible properties, and the protection period is limited.