1, the protected objects are different. Copyright protects the expression of the author's thoughts, feelings and opinions, but not the content itself. These forms include novels, papers, movies, songs, pictures and so on. Patents protect inventions, which belong to the category of ideas, including inventions, utility models and designs, such as the invention of TV sets, the manufacturing method of light bulbs and the unique design of coca-cola bottle.
2. The conditions and requirements for protection are different. According to the different objects of protection, the copyright law can protect two works with the same theme, as long as they are original; However, the patent right will not protect two inventions with the same theme. For example, A invented the TV set and applied for a patent, so B can no longer apply for this patent.
3. Different kinds of rights objects: copyright protects literary, artistic and scientific works; Patent rights protect invention patents, utility model patents and design patents. The object of copyright is much wider than patent right.
4. The content of rights is different: the personal rights in copyright are characterized by non-transferability and permanence, including the right of publication, the right of signature and the right of modification. The property rights of works mainly include the rights of reproduction, distribution, exhibition, performance and broadcasting. In contrast, the content of patent right is relatively simple, and the use of property right of works is more complicated.
5. Different exclusiveness of rights: China's copyright law stipulates that as long as it is an original work, whether it is similar to a published work or not, it can obtain independent copyright. In contrast, patent rights are very exclusive. If an inventor obtains a patent for a technological achievement, no one else can use the technology for production and operation without his permission.
6. Different periods of rights protection: Generally speaking, the personal rights in copyright are not limited by time, while the protection period of property rights in copyright is longer, and the protection period of citizens' copyright is 50 years after the author's life and death; The protection period of property rights in legal person works and professional works is 50 years, but works that have not been published for 50 years since the date of creation are not protected; The protection period of invention patents is 20 years, and that of utility model and design patents is 10 year.
Extended data:
What measures are taken to protect patent rights?
1. Seriously implement the laws and regulations on patent protection. China has promulgated many laws, regulations and departmental rules on patent protection, as well as some related judicial interpretations, such as the Patent Law and the Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Disputes. Various patent protection laws and regulations have been faithfully implemented. Administrative law enforcement departments and judicial organs should increase the punishment for patent infringement, so that infringers are afraid of the law and infringement.
2. Enhance the awareness of legal protection of patent rights, and increase the popularization and publicity of domestic and foreign patent protection laws and regulations. Familiarize the patentee with the laws and regulations related to his patent right, improve the patentee's awareness of self-protection, and implement protective measures from application to authorization.
3. Encourage patent applications. The state should introduce a series of measures to encourage scientific researchers to actively apply for patents, so that patents can be transformed into productive forces as soon as possible and benefit the people, especially to apply for patents abroad to better protect patent rights.
4. Establish a perfect patent transfer mechanism. At present, China has not established a perfect mechanism to guarantee patent transfer, and there are few professional patent appraisers and promotion agencies, which leads to the phenomenon that patent research is more difficult than transfer. Therefore, it is imperative to establish a perfect patent transfer guarantee mechanism, speed up the training of patent transfer talents, and train a group of high-quality talents who have both patent evaluation knowledge and patent promotion skills and can safeguard the interests of patentees.
5. Strengthen the customs protection of patent rights. In China's import and export trade, many products are patented, some of which are patent infringement products, and patent infringement acts are both domestic and foreign. Therefore, in order to protect the legitimate rights and interests of patentees and consumers, and improve the international reputation of our products, we should increase the investment in people, money and materials in the customs and patent management organs, and strictly control the entry and exit of patented infringing products.
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