What are the similarities and differences between the ownership of patent rights, copyrights and trademark rights and the rights to exercise them? (Discussion)
This issue can be discussed from the following aspects:
The first aspect is the ownership of ***’s rights:
1. Copyright* **Some ownership rights are: for works created jointly by two or more people, the copyright is shared by the co-author ***. People who did not participate in the creation cannot become co-authors.
2. The ownership of a patent is: for an invention created by cooperation between two or more units or individuals, unless otherwise agreed, the right to apply for a patent belongs to the completion or simultaneous completion The unit or individual who applied for the patent shall be the patentee after the application is approved.
3. The ownership of a *** trademark is: Two or more natural persons, legal persons or other organizations may *** apply to the Trademark Office to register the same trademark at the same time, and *** both enjoy the exclusive right to the trademark .
From this, it can be seen that the most common point in attribution is that all three can be owned, but the difference is that copyright clearly excludes people who did not actually participate in the creation, while patent rights And trademark rights can be owned independently. For example, the unit provides opinions to the author and several employees collaborate to create the work. At this time, the copyright belongs to the several employees who actually participated in the creation. In the same situation, patent rights and trademark rights It can be owned by employees and units.
The second aspect is the exercise of ***’s rights:
1. The rules for the exclusive exercise of copyright are: if a collaborative work can be divided and used, the author has The parts created by each of them shall enjoy independent copyright, but the exercise of copyright shall not hinder the normal use of the collaborative work. If a collaborative work cannot be divided and used, its copyright shall be enjoyed jointly by all co-authors and shall be exercised through consensus; if consensus cannot be reached and there is no legitimate reason, neither party shall prevent the other party from using it or permit others to use it, but the proceeds shall be Fair allocation to all co-authors.
2. The rules for the exercise of patent rights are: If the owner of the patent application right or the patent right has an agreement on the exercise of the right, the agreement shall prevail. If there is no agreement, the first owner can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the first owners.
Except for the circumstances specified in the preceding paragraph, the exercise of the owner's patent application right or patent right shall require the consent of all owners.
3. The rules for exercising trademarks are: Two or more natural persons, legal persons or other organizations can apply to the Trademark Office to register the same trademark at the same time and use the trademark together. Exclusive rights.
From this, it can be seen that the most common point in the exercise is that they can all be exercised by the right holders through consensus, but the difference is that the exercise of copyright must distinguish whether the work can be divided. For use, there is no such distinction between patent rights and trademark rights.