The two are irreplaceable, they are different. First, the objects to be protected are different. Copyright protects works for people to enjoy, learn and read, such as novels; Trademark rights protect the marks of goods and services used to distinguish different producers and operators and different commodities. Second, the conditions and requirements of security are different. Copyright law can protect two works with the same theme, as long as they are original. However, the trademark law will not protect the same commodity or two identical trademarks on the same commodity. Third, rights are generated in different ways. Copyright is usually generated automatically and does not require any registration or review procedures; A trademark must be examined by a specific administrative organ of the state according to law and awarded to a legitimate applicant. Copyright Law Article 2 Works organized by China citizens, legal persons or unincorporated units, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law. Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including: (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) Audio-visual works; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) other intellectual achievements that meet the characteristics of the work.