Trademark right refers to the exclusive right given by national laws to trademark owners to protect their registered trademarks. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements.
The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. ? Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development.
Patent right and patent protection refer to the patent application filed with the State Patent Office, and after passing the examination according to law, the patent applicant is granted the exclusive right to enjoy the invention and creation within a specified time. After an invention-creation is granted a patent right, the patentee enjoys exclusive rights to his invention-creation. No unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes.
Without the permission of the patentee, the implementation of his patent will infringe his patent right and cause disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it.
Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement. The administrative protection in this area takes the form of patrol law enforcement and joint law enforcement, focusing on cracking down on group infringement, repeated infringement and other phenomena that seriously disturb the patent legal environment. ?
Copyright. In China, copyright in a broad sense includes copyright (in a narrow sense), neighboring rights of works, computer software copyright and so on. , which belongs to the scope stipulated by the copyright law. This is the exclusive right of the copyright owner to use the crop (work). In a narrow sense, copyright is divided into the right of publication, the right of signature, the right of modification, the right to protect the integrity of a work, the right to use it and the right to receive remuneration (article 10 of the Copyright Law).
Copyright is divided into personal rights and property rights of works. Copyright, patent right and trademark right sometimes overlap, which is a feature of intellectual property rights. ?
Natural science, social science, literature, music, drama, painting, sculpture, photography and film works constitute copyright. Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others.
The essence of intellectual property rights is to treat human intellectual achievements as property. ? Copyright is the original author of literary, artistic and scientific works, and it is a civil right enjoyed by his works according to law. ?
Trade name right. In other words, the manufacturer's name right is the right to use its registered trademark name (manufacturer's name, enterprise name) without interference from others. The trademark right of an enterprise cannot be equated with the right of personal name (a kind of personality right).