In China, there are very strict regulations on trademarks and copyrights, and at the same time, the personal rights and interests of related rights holders and developers are also protected by law. Because both trademarks and copyrights need to be registered with relevant departments, many people are confused. So, does software copyright registration belong to trademark or software? According to the laws of our country, it should belong to software. The difference between software copyright registration and trademark is as follows: (1) The object and scope of protection of different copyrights are literary, artistic and scientific works created by authors, which are tangible assets. His works include the following forms: literary works; Oral works; Music, drama, folk art and dance works; Fine arts and photographic works; Engineering design, product design drawings and their descriptions; Maps, schematic diagrams and other graphic works; Computer software; Other works as prescribed by laws and administrative regulations. The scope of copyright protection refers to the right to publish, modify and protect the integrity, use and remuneration of these works. The object of trademark right is a registered trademark composed of words, graphics or their combination, which belongs to intangible assets. The scope of protection of the trademark right is limited to the goods approved for use by the registered trademark. (2) The original rights are produced in different ways. The copyright in China, like most other countries, comes into being automatically after the author's works are created, without the approval of any competent authority. However, the trademark right in China is based on the principle of prior registration. Only after the first application for registration and approval by the competent authority can the exclusive right to use a trademark be obtained. (3) National authorities and applicable laws are different. China's Copyright Law (20065438+0 65438+1revised for the first time on October 27th) is the basic law for managing copyright. The National Copyright Administration is in charge of national copyright management. (4) The purpose of protection is different. Copyright protects literary, artistic and scientific works and related rights and interests. Its purpose is to encourage the creation and dissemination of works beneficial to society and promote the development and prosperity of socialist culture and science. A trademark protected by a trademark right is a symbol with distinctive features that distinguish the source of goods or services. The purpose of protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks, thus protecting the interests of consumers and promoting the development of socialist commodity economy and fair competition. China's trademark law (20065438+0 65438+1the second revision on October 27th) is the basic law of trademark management. The Trademark Office of the State Administration for Industry and Commerce is in charge of the national trademark registration and management. (5) The timeliness is different. China's Copyright Law stipulates that the term of protection of the author's right of signature, modification and protection of the integrity of the work is not limited. The protection period of citizens' right of publication, use and remuneration is 50 years before and after the author's death; If it is a collaborator's work, the deadline is 50 years after the death of the last deceased author. The copyright (except the right of signature) of the works of a legal person or entity without legal personality, and the protection period of the rights of publication, use and remuneration enjoyed by a legal person or entity without legal personality is 50 years. The term of protection of the rights of publication, use and remuneration of films, television, videos and photographic works shall be 50 years. Unpublished works within 50 years after creation are no longer protected. According to China's Trademark Law, the period of validity of a registered trademark is 10 year, and the registration can be renewed upon expiration. There is no system for repeated application, and the period of validity of each renewal registration is 10 year. Trademark registration is different from trademark copyright. Trademark is a kind of registration system, which can only be enjoyed if it is registered in the country. Copyright is a kind of registration system, and it takes effect from the date of its birth. Registration is only a national registration certificate, and the registration certificate is a preliminary proof of the ownership of rights. Explain that if the trademark is original, you don't have to worry about others registering your copyright. But copyright registration is a formal review, that is, the copyright bureau will issue a certificate to the other party and suggest registration.