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As to where to handle copyright registration, in fact, the copyright offices of all provinces, autonomous regions and municipalities directly under the Central Government will be responsible for the registration of works of authors or other copyright owners in their respective jurisdictions. The National Copyright Administration is responsible for the registration of works by foreign authors or other copyright holders in Taiwan, Hong Kong and Macao. Entrusted by the National Copyright Administration, the China Copyright Protection Center is responsible for the registration of works by foreign authors or other copyright holders in Taiwan, Hong Kong and Macao.
In principle, the jurisdiction of the author or other citizen who enjoys copyright shall be subject to the jurisdiction of the place where the address on his or her ID card is located. In the case of co-authors and multiple copyright holders, the jurisdiction of the entrusted registrant shall prevail. The jurisdiction of a legal person or unincorporated entity shall be subject to the jurisdiction of the place where its business place is located.
The China Copyright Protection Center can apply for copyright registration at home and abroad: (1) computer software copyright registration: computer software copyright registration, computer software copyright transfer contract or exclusive license contract registration, software registration change or supplementary registration, revocation of computer software registration request, withdrawal of computer software registration application, revocation or abandonment of computer software registration, application for reissuance or renewal of software registration certificate, application for sealing and storage of software identification materials, Application for computer software copyright registration inquiry.
2) Copyright and contract registration of works: registration of works, registration of all kinds of works of domestic and foreign copyright owners (including text, oral description, drama, opera, dance, acrobatic arts, fine arts, architecture, photography, films and works created by similar methods of filming, engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works, etc.); Filing of copyright contracts (or registration of exclusive rights); Registration of audio and video recordings. reprinting of foreign periodicals contract registration; Publication of overseas audio-visual products contract certification and registration; Contact certification of foreign-related electronic publications and computer software copyright authorization contracts; Alteration or supplementation, revocation or withdrawal of copyright and contract registration, reissuance or replacement of registration certificates; Search of copyright and contract registration files.
3) Copyright pledge registration: software copyright pledge registration and copyright pledge registration of other works.
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Trademark registration refers to the legal fact that the trademark owner applies for registration to the Trademark Office in accordance with the registration conditions, principles and procedures stipulated by the state in order to obtain the exclusive right to use the trademark, and the Trademark Office approves the registration after examination. A trademark that has been examined and registered by the Trademark Office is a registered trademark and enjoys the exclusive right to use the trademark.
Copyright is also known as copyright in China, and copyright registration (copyright registration) refers to the act of the relevant parties to copyright applying to the registration authority in accordance with the law to publish the work and its rights in the register.
Legal basis: Trademark Law of the People's Republic of China
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, a Ranchun Association or other organization for use by the members of the organization in commercial activities, and to congratulatory representation of the user's membership in the organization.
For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.
Article 22 The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed classification table of the goods, and submit an application for registration.
An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application.
The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.
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After applying for a trademark right, it is up to the author to decide whether there is a mandatory right to register the copyright, and the copyright is voluntarily applied for by the author, but the trademark right is different from the copyright. Trademark rights and copyrights are both intellectual property rights, trademarks are signs, copyright is the ownership of works, trademarks are protected by law, and it is necessary to apply for trademark rights and pass the examination of the Trademark Office.
Article 2 of the Trial Measures for the Voluntary Registration of Works.
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Yes, because trademark rights and copyright are protected by different laws. In order to obtain comprehensive intellectual property protection, try to achieve simultaneous registration of copyrights, patents and trademarks. Trademark rights and copyrights are both intellectual property rights, but they are protected by different laws, and the objects of protection are different, and they are not equivalent.
It is best to apply for copyright registration protection at the same time as registering a trademark, which is conducive to proving the ownership of the work. Trademarks are protected by trademark law only within the scope of registered goods or similar goods, and it cannot preclude others from applying for trademark registration on other goods that are not identical or similar classes. A work that has been registered for copyright registration is conducive to the copyright owner to oppose or invalidate the trademark application of others with the prior copyright rights and interests he enjoys.
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