intellectual property rights, also known as "intellectual property rights", refer to "the property rights enjoyed by the obligee on the intellectual labor achievements created by him", which are generally only valid for a limited period of time. All kinds of intellectual creations, such as inventions, literary and artistic works, as well as signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization.
Copyright means the rights (including property rights and personal rights) enjoyed by the authors of literary, artistic and scientific works. Copyright is a type of intellectual property, which consists of natural science, social science and works in literature, music, drama, painting, sculpture, photography and cinematography.
a patent is an invention protected by legal norms. It refers to an invention that applies for a patent to the state examination and approval authority and is granted the exclusive right to the invention within a specified time after passing the examination according to law. Including invention patents, utility model patents and design patents.
As far as your problem is concerned, it is mainly to distinguish between copyright and patent.
Although copyright and patent belong to the same type of intellectual property, there are the following differences:
(1) The object of protection is different: copyright is to protect the expression of works. What the patent right protects is a novel, creative and practical invention, which goes directly into the technical scheme itself without the form of expression.
(2) Different protection conditions: the patent requires the invention to be original. Copyright requires the originality of the work.
(3) The procedure of generating rights is different: the patent right must be determined by the method of national administrative authorization. In most countries, copyright is automatically generated according to the completion of creation, and there is no need to perform any registration procedures.
(4) Different application fields: the works protected by copyright mainly involve the field of literature and art, while the patent rights mainly occur in the field of industrial production, which is closely related to the technical scheme of the products. The two may also cross in some aspects. What is the difference between intellectual property rights, trademarks, copyrights, patents and copyrights?
Intellectual property is a very broad concept. Trademarks, patents and copyrights all belong to intellectual property and belong to the category of intangible assets. A trademark is the logo of an enterprise and a product, just like a person's name and appearance, which is unique. If you want to operate a product, you should give it a nice name and a highly recognizable LOGO, such as Apple mobile phone. The LOGO and IPONE of Apple's mobile phone are both applied for trademark protection. Copyright protects a person's original design. Copyright can be divided into works of art, articles and software and computer copyrights. Take Apple as an example. Its LOGO can be copyrighted because of its original design. Copyright and trademark can be applied at the same time, one is mainly used for product promotion and protection, the other is to protect original design, and the emphasis is different. Patents protect the invention of a new kind of goods, which can be divided into invention, utility model and appearance. Trademarks, patents and copyrights are all important parts of intellectual property rights, and they are committed to protecting the labor achievements of the founders. Beijing Junsheng Brand Management Co., Ltd. is at your service. At present, China's awareness of intellectual property protection is still in a state of relative lack. I hope everyone can help after reading my sharing. Intellectual property literacy: what is the difference between trademarks, patents and copyrights?
difference:
1 the right attributes are different. Copyright has dual attributes of personal rights and property rights; Patent right and trademark right are just a kind of property right, which has no personal right.
2 different authorities grant rights. Copyright is obtained automatically when the creation of the work is completed, and copyright can be obtained without applying to any organ for registration; The patent right was granted by China National Intellectual Property Administration; Trademark rights are granted by the State Trademark Office.
3 the protection conditions are different. The works protected by copyright law require originality, and plagiarism and plagiarism of other people's works are prohibited; The patent right is granted to the first applicant, which is the first requirement for the invention-creation of the patent application; The prerequisite for trademark registration is that the trademark should be recognizable.
4 different application fields. The works protected by copyright law are applicable to a wide range of fields, mainly involving literature, art and science. Patent and trademark rights mainly occur in industrial, agricultural and commercial fields.
5 the protection period of rights is different. The protection period of the property right of copyright and the right of publication in personal rights is the author's life plus 5 years after his death, when the work enters the public domain; The protection period of invention patent in patent right is 2 years, and that of utility model and design is 1 years, counting from the date of application. The term of protection of trademark rights is 1 years, counting from the date of approval of registration, and it can be renewed at the expiration, and the number of renewals is not limited.
According to taoding., trademarks, patents and copyrights are mainly different in the following six aspects:
1. Different definitions
Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner that its registered trademark is protected by national laws.
patents refer to inventions protected by law, including invention patents, utility model patents and design patents.
patent right is the exclusive right to exploit a specific invention-creation by the inventor or his assignee within a certain period of time, and it is a kind of intellectual property right.
Copyright, also known as copyright, refers to the personal rights and property rights enjoyed by authors and other rights holders for literary, artistic and scientific works.
2. Different rights
Copyright can enjoy two kinds of personal rights and property rights, while patent rights and trademark rights have only one kind of property rights and no personal rights.
3. The issuing authority is different
The patent right is granted by China National Intellectual Property Administration, the trademark right is granted by the State Trademark Office, and the copyright is special. It can be obtained without any authority, because it can be obtained automatically when the work is completed.
4. Different objects of protection
Trademark protection focuses on the marks of goods or services, while patent protection focuses on novel technologies and copyright protection focuses on original works.
5. Different fields of application
The scope of protection of patent rights and trademark rights is mainly in the fields of industry, agriculture and commerce. In contrast, the scope of application of copyright is relatively broad, mainly involving the fields of literature, art and science.
6. Different protection periods
The protection period of copyright is 5 years after the author's life plus death, the protection period of invention patent in patent right is 2 years, and the protection period of utility model and design is 1 years, counting from the date of application. The term of protection of trademark rights is 1 years, counting from the date of approval of registration. Is there any difference and connection between copyright and intellectual property?
Copyright is copyright, which refers to the rights enjoyed by the authors of literary, artistic and scientific works, including property rights and personal rights. Copyright is a type of intellectual property, which consists of natural science, social science and works in literature, music, drama, painting, sculpture, photography and cinematography.
intellectual property rights, also known as intellectual property rights, refer to the property rights enjoyed by the obligee on the intellectual labor achievements created by him, which are generally only valid for a limited period of time. All kinds of intellectual creations, such as inventions, literary and artistic works, as well as signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization.
copyright is a kind of intellectual property, and copyright belongs to intellectual property. Intellectual property rights mainly include copyright, trademark right and patent right. What's the difference between "intellectual property" and "copyright"?
Intellectual property covers a wide range: there are trademarks and patents, while copyright is relatively simple. What's the difference between a trademark, a patent and a copyright?
In short, a trademark is a distinctive symbol used to distinguish goods or services, and it is the most common type of intellectual property.
patents refer to inventions protected by law, including invention patents, utility model patents and design patents.
Copyright, also known as copyright, refers to the rights enjoyed by the authors of literary, artistic and scientific works.
Both trademarks, patents and copyrights need to be examined manually when applying for registration. However, due to their different characteristics, the emphasis of examination is different:
Trademark examination focuses on distinctiveness, which simply means that it can be distinguished and different from others. For example, delicious brand apple is not significant: because delicious is an adjective, delicious apple covers a wide range, and such a word cannot be monopolized by a certain enterprise, so it cannot be distinguished. In addition to distinctiveness, trademarks should also be examined for similarity, that is, under the same category, there can be no prior application for the same or similar trademarks. If there is both distinctiveness and no similar trademark, then the trademark can almost pass the examination.
The focus of patent examination is novelty. To put it simply, this technology is unprecedented. The review method is also very simple, and it is generally judged by consulting the existing literature. If the existing literature can't be found, then this patent is novel.
Copyright is relatively special, because it has been obtained since the author completed it, and there is no need for a certificate to prove his rights. Seeing this, many people will definitely ask, in this case, why do you want to be copyright registration? In fact, the author enjoys the copyright whether he is copyright registration or not, but it is difficult to prove who is the original author. For example, if you write an article and someone else uses it one day, how can you prove that you wrote it? If you become a copyright registration after writing an article, you can take out a copyright certificate to protect your rights and interests when others steal your article again. Therefore, copyright registration lightens the burden of proof of the original author (if it is not registered, it is actually difficult for the original author to produce convincing evidence, or even if it can be produced, the cost is high, so it is better to spend several hundred dollars to make a copyright registration). What's the difference between intellectual property rights and patents?
patent is a kind of intellectual property
intellectual property is a right that people enjoy according to law based on the achievements created by their own intellectual activities and the experience and knowledge in management activities.
intellectual property rights can be divided into broad sense and narrow sense.
intellectual property rights in a broad sense include copyright, neighboring rights, trademark rights, trade name rights, trade secret rights, origin marking rights, patent rights, layout-design rights of integrated circuits and other rights.
intellectual property in a narrow sense, that is, intellectual property in the traditional sense, should include three main components: copyright (including neighboring rights), patent right and trademark right.
Patent has the following characteristics:
1. Patent is an invention and creation, which is the basis of patent right.
2. A patent is an invention-creation that meets the patent conditions stipulated in the Patent Law.
3. Inventions and creations as patents must be examined and determined by the patent authorities in accordance with legal procedures, and no invention and creation shall become a patent without approval.
China's patent law stipulates three kinds of patents: invention patent, utility model patent and design patent. What is the difference between patent, copyright and intellectual property?
intellectual property is a general term, which generally includes patents, trademarks and copyrights. What's the difference between copyright and intellectual property?
intellectual property rights include three categories: trademarks, patents and copyrights.