1 all belong to the narrow sense of intellectual property, that is, all belong to the traditional sense of intellectual property.
The nature of the three is the same, that is, they all have the private right of the right ontology and the immateriality of the right object.
All have the exclusive characteristics of intellectual property rights, that is, intellectual property rights are monopolized by the obligee, who monopolizes this right and is strictly protected. Without legal provisions or permission, no one may use the intellectual products of the obligee.
They all have the regional characteristics of intellectual property rights, that is, the rights of the three are not unlimited, but are restricted by the region, that is, they are strictly territorial, and their effectiveness is limited to their own territory.
All have the temporal characteristics of intellectual property rights, that is, their rights are only protected within the time limit prescribed by law. Once the time limit is exceeded, their rights will disappear on their own, and the related intellectual property rights will become the common wealth of the whole society.
Difference:
1 has different permission attributes. Copyright has the dual attributes of personal rights and property rights; Patent right and trademark right are only a kind of property right, and there is no personal right.
2. Different authorities grant rights. Copyright is automatically obtained after the creation of a work, and it can be obtained without applying for registration with any authority; The patent right was granted by China National Intellectual Property Administration; Trademark rights are granted by the State Trademark Office.
3 The guarantee conditions are different. Works protected by copyright law are required to be productive, and plagiarism of other people's works is prohibited; The patent right is granted to the first applicant, which is the first requirement for the invention-creation of the patent application; The premise of trademark registration is that the trademark should be recognizable.
4 different application fields. The works protected by copyright law have a wide range of applications, mainly involving literature, art and science. Patent rights and trademark rights mainly occur in industrial, agricultural and commercial fields.
The protection period of rights is different. The property right protection period of copyright and publication right in personal rights is 50 years after the author's death, and the work enters the public domain; The protection period of invention patent in patent right is 20 years, and that of utility model and design is 10 year, counting from the date of application. The term of protection of trademark rights is 10 years, counting from the date of approval of registration, and it can be renewed at the expiration, with no limit on the number of renewals.
Copyright patent