Can I do trademark registration, software copyright and copyright registration?

In fact, now the registered trademark and software copyright is not so complicated, many people just have no experience for the first time, looking for some intermediaries on the Internet to do not need to trouble and save time, but the online intermediary is complicated, most of them will have a variety of problems in the middle, and then say that adding money can be solved, the reason why I say so, is because my company has encountered it at the beginning! It's better to do it yourself, although it's a little troublesome for the first time, now look at the article to report that the domestic giant Ali has launched a new one-stop application service, with expert guidance, cheap and reliable! Link to article.

It is also a type of copyright. China adopts the principle of automatic acquisition, and when the creation of a work is completed, as long as the conditions of the work in law are met, the copyright will be generated. The copyright owner may apply to the copyright management department of China to register the copyright of the work, but registration is not a legal condition for the creation of copyright.

In the process of registration of works, only the ownership information of the work is formally examined, and generally only the ownership of the copyright can be preliminarily proved.

1. What is the content of the copyright owner?

1.The concept of copyright subject.

The subject of copyright (copyright owner) refers to a natural person, legal person or other organization that enjoys copyright in literary, artistic or scientific works in accordance with the relevant laws on copyright. Author, in the usual context, refers to the natural person who creates the work, focusing on identity, but the author cannot be the subject of copyright at any time. The author in the legal sense is the subject who can enjoy the copyright in accordance with the legal provisions of copyright.

2.The type of copyright subject.

Based on the form of the subject, the subject of copyright is divided into natural persons, legal persons and other organizations. Creation is a factual act, and regardless of the age and intelligence level of the creator, it can become the subject of copyright. Generally speaking, a natural person is the author of a work, that is, under normal circumstances, a natural person can become the subject of copyright, but in order to balance and protect the interests of different interested parties, and to take into account the organizational, material and other support provided by legal persons or other organizations in the creation of works, the law also allows legal persons or other organizations to become the original subjects of copyright.

Based on the method of obtaining copyright, the subject of copyright can be divided into the original subject (original copyright owner) and the successor subject (successor copyright owner). The original subject of copyright is the entity that directly enjoys the copyright of the created work in accordance with the relevant laws and contracts of copyright when the creation of the work is completed. The successor copyright owner refers to the entity that obtains the copyright through inheritance, transfer, donation, etc.

There are differences between the original copyright owner and the successor copyright holder in terms of the scope of rights and the way in which rights are protected.

No, there is a difference between the two. Software copyright refers to the exclusive rights enjoyed by software developers or other rights holders in accordance with the Copyright Law. Software copyright is an exception to intellectual property rights, because the acquisition of copyright does not need to be separately confirmed, which is the principle of "automatic protection" stipulated by law.

Trademark right is the abbreviation of the exclusive right to use a trademark, which refers to the exclusive right enjoyed by the trademark user to the trademark used in accordance with the law, and the right of the trademark registrant to dispose of its registered trademark in accordance with the law and prohibit others from infringing it.

Trademark rights are intellectual property rights. The acquisition of trademark rights needs to be registered, and registered trademarks are commercial signs used to distinguish different goods and services, and are composed of words, graphics, letters, numbers, three-dimensional signs, color combinations or a combination of the above elements. Trademark rights are the exclusive results created by the intellectual labor of enterprises or individuals for commercial purposes.

1. What are the restrictions on software copyright?

1. Time limit: The protection period of the software developer's developer identity is not limited. The term of protection of other rights of software copyright is 25 years, ending on December 31 of the 25th year after the first publication of the software, before the expiration of the protection period, the software copyright owner may apply to the software registration authority for renewal for 25 years, but the protection period shall not exceed 50 years.

When the subject of the copyright owner is legally changed due to legal acts such as inheritance, division or merger, the protection period of the corresponding software copyright shall not be changed. When the relevant rights are transferred due to the signing of the right to use or the license contract of the right to use in accordance with the law, the occurrence of the transfer activity does not change the protection period of the relevant software copyright. When the unit that owns the software copyright is terminated or the citizen who owns the software copyright dies without a legal successor, in addition to the developer's right to identity, all other rights related to the software shall enter the public domain before the expiration of the protection period.

2. During the protection period, if a small amount of software is copied for non-commercial purposes such as classroom teaching, scientific research, and the performance of official duties by state institutions, no remuneration may be paid to the software copyright owner without the consent of the software copyright owner.

3. The copyright owner of the software shall not harm the public interest and violate other laws.

4. The legal holder of the software copy, without the consent of the software copyright owner, can load the software into the computer according to the needs of use, make backup copies, and make necessary modifications.

Legal analysis: 1. Fill in the software copyright application form.

2. Submit software copyright application documents.

3. Pay the software copyright application fee.

4. The registration authority accepts the application.

5. Procedures for supplementing and correcting software copyright application documents.

6. Obtain the computer software copyright registration certificate. After 30 working days from the date of acceptance of the application for computer software copyright registration, the software copyright applicant or **person can log in to the China Copyright Protection Center** to check the software copyright registration announcement.

Legal basis: Article 7 of the Regulations on the Protection of Computer Software The software copyright owner may register with the software registration agency recognized by the copyright administrative department. The registration certificate issued by the software registration agency is the preliminary proof of the registration items.

Fees shall be paid for software registration. The fee standard for software registration shall be prescribed by the copyright administrative department in conjunction with the competent department of *****.