Examples of patents, copyrights, and trademarks

With regard to patent rights, let's give an example. Now all the best manufacturers are the first to buy the patent of the first patentee, in order to produce the first machine, and a large part of the profit of the first is obtained by the patentee.

copyright, Guo Jingming's case "How Much Do You Know About the Flowers in Your Dreams" was convicted of plagiarism, and half of the income from his book became owned by the original person. There is also plagiarism of the flower band "Hee Haw", and half of the income of the song is also owned by the original copyright owner.

Trademarks, such as those of the Coca-Cola Company, once had the saying that even if the Coca-Cola Company went out of business, the value of the trademark could make him develop again.

A patent right, referred to as a "patent", is a type of intellectual property right that the inventor-creator or his right transferee enjoys in accordance with the law for a specific invention within a certain period of time. China promulgated the Patent Law in 1984 and promulgated the detailed rules for the implementation of the Law in 1985, making specific provisions on relevant matters. Copyright, also known as copyright, refers to the rights (including property rights and personal rights) enjoyed by authors of literary, artistic, and scientific works over their works.

The English name of copyright: copyrightA trademark is a sign with distinctive characteristics adopted by the producer or operator of the commodity in the goods it produces, manufactures, processes, selects or distributes or the provider of the service in the service it provides, and is used to distinguish the goods or services.

All three of them belong to the category of intellectual property in the narrow sense, that is, they all belong to intellectual property in the traditional sense, and they all have the ontology of rights, private rights, and the non-material nature of the object of rights.

1) The difference between trademarks and patents.

2.The term of protection is different: patents have a limited term of protection, 20 years for inventions, and 10 years for new models and designs, which cannot be renewed upon expiration. Trademarks are protected for 10 years, but can be renewed upon expiration, so as long as they are renewed every 10 years, they can have the exclusive right to use the trademark indefinitely.

2) The difference between copyright and patent right.

1.There are different ways to obtain rights, and patent rights can only arise when the patent applicant files an application with the national patent authority and is examined and approved by the authority. For two or more invention applications with the same or similar content that have been completed independently, the patent right is granted to the earlier applicant and to the first inventor.

Copyright, on the other hand, is based on the principle of automatic generation, and only a few countries in the world require registration procedures. Copyright only emphasizes the originality of the expression of the work. Therefore, if two or more works are created independently, as long as the objective expression of their ideological content is different, even if the ideological content is similar, copyright can be automatically generated.

2.The subject matter of patent is a new technical solution that solves a practical problem with novelty, inventiveness and practicability, while the object of copyright is the objective expression of literary, artistic and scientific works.

1. What rights are included in the patent right?

1. Exclusive exploitation right: No unit or individual may exploit its patent without the permission of the patentee; The right holder can monopolize the manufacture of patented products, use the patented technology design, and sell patented products monopolistically.

2. Right of transfer: The right holder has the right to transfer the ownership of the patent obtained by himself to others, but the transfer of the patent right to a foreigner requires the approval of the relevant department.

3. Licensing right: The right holder may authorize others to license others to exploit the patent and charge a certain fee.

4. Right of marking: The patent mark and patent number can be indicated on the patented product and its packaging.

6. Right of waiver: You can waive your patent right in writing.

7. Pledge right: You can pledge your own patent right for financing.

What are the similarities and differences between copyright and trademark rightsThe two types of intellectual property rights are regulated by the Copyright Law and the Trademark Law respectively. According to the provisions of the Copyright Law of the People's Republic of China, copyright refers to a civil right enjoyed by the creator of a literary, artistic or scientific work or other citizen, legal person or unincorporated entity that enjoys copyright in accordance with the law, and takes the domination of his work as the object of reputation, including the moral right of the author and the property right of the author. The moral rights of the author belong exclusively to the author, including the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work.

Copyright property rights refer to the copyright owner's right to use his work and the right to receive remuneration, which can be transferred to the heirs of the copyright owner or to a legal person or unincorporated unit that inherits the rights and obligations of the copyright owner or is enjoyed by the state. Trademark right refers to a civil right enjoyed by a trademark registrant over its registered trademark in accordance with the law. In China, the acquisition of trademark rights must be approved by the Trademark Office of the State Administration for Industry and Commerce.

Trademark rights mainly include the right to use trademarks, the right to transfer trademarks, the right to license trademarks, and the right to inherit trademarks. Among them, the exclusive right to use a trademark is the core of trademark rights. Although both copyrights and trademarks are intellectual property rights, there are many differences between them.

In terms of classification, trademark rights belong to industrial property rights, and industrial property rights and copyrights are the two major branches of intellectual property. In terms of the characteristics of rights, copyright and trademark rights have the following differences: 1. In terms of the subject of rights, the subject of copyright can be either an individual citizen, a legal person or an unincorporated unit; It can be the author himself, his heirs or the heirs of his rights and obligations, and sometimes the State.

The subject of trademark rights is mainly legal persons, and if an individual citizen applies for a registered trademark in China, he must be an individual businessman. The state cannot be the subject of trademark rights. 2.

In terms of the acquisition of rights, the acquisition of copyright is generally automatic, while the creation of trademark rights requires confirmation by the state administrative authority. 3.In terms of the subject matter of rights, the subject matter of copyright is literary, artistic and scientific works, and the subject matter of trademark rights is trademarks used for goods or services.

4.In terms of the exclusivity of rights, in the copyright, two people can obtain copyright for the same work completed independently, and the trademark right has a strong exclusivity, not only can there be the same trademark with the same scope of protection, but also cannot appear similar trademarks with the same scope of protection. For well-known trademarks, the exclusivity of rights is more obvious.

Article 2 of the Patent Law of the People's Republic of China The term "invention-creation" in this Law refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application on the overall or partial shape, pattern or combination thereof, as well as the combination of color, shape and pattern.

1) Patent rights.

2. The subject of patent right: the person who has the right to file a patent application and patent right and bear the corresponding obligations, including natural persons and legal persons.

3. What is the object of the patent: invention, utility model, design?

4. The rights of the patentee: exclusive exploitation right, license exploitation right, transfer right, waiver right, marking right.

5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.

2) Trademark rights.

1. Definition of trademark right: Trademark is a mark specially designed and consciously placed on the surface of goods or its packaging to help people distinguish different goods. Trademark right refers to the exclusive right enjoyed by the trademark user in accordance with the law.

2. The subject of trademark right: a legal person or natural person who applies for and obtains a trademark right.

3. The object of the trademark right: the trademark protected by the Trademark Law has been approved and registered by the State Trademark Office, that is, the registered trademark, including the trademark of goods and the service mark.

4. The rights of the trademark owner: the right to use, the right to prohibit, the right to transfer, and the right to license.

5. Obligations of the trademark owner: to ensure the quality of the goods using the trademark and to pay the prescribed fees.

3) Copyright.

1. Definition of copyright: Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units in accordance with the law to their own literary, artistic, natural science, engineering and other works.

2. The subject of copyright: refers to the copyright owner, that is, the copyright owner. Including authors, persons who inherit copyrights, legal persons or unincorporated units, and Guoshan Xijia.

3. The object of copyright: refers to all kinds of works protected by copyright.

First of all, trademark rights and copyrights are two different rights, they specifically refer to different objects, different ways of legal recognition, although the object of trademark rights and copyrights, have a certain impact on the society, but the two can not be confused, trademark rights more reflect the economic value of trademarks, clear trademarks can be bought and sold, need to apply for registration, after the expiration of the validity period to re-apply, the object of copyright may be the work of literary masters, or it may be the original ** of the main clip of ****p**, It may be for-profit or non-profit.