Comparison of copyright differences

(1) Similarity between patent right and copyright

1, Invisible: (1) means having a right. (2) The object is a right and intangible. (3) Utilization and transfer generally do not cause consumption and transfer of related tangible things. (4) the subject matter can be used alone (some people call it "unlimited use value"), that is, it can be used by many people in different ways at the same time and in different places. (5) Infringement is not always intuitive and obvious, both direct and indirect, and the situation is diverse and complicated, which makes it more difficult to judge infringement. 2. Exclusivity: The patent right and copyright are exclusive to the obligee, and no one else may exercise these rights without the permission of the obligee or through certain legal procedures, otherwise it will constitute infringement; 3. Regionality: The rights recognized and protected by a country or region only have property rights in the region, and will not take effect beyond the region. 4. Timeliness: There is a time limit for protection. (2) The difference between patent right and copyright 1. There are different ways to obtain protection: most of the copyrights are independently completed by important works, and whether they are the same or similar, they are protected by copyright law, while the invention patent law with the same content is only granted to the first applicant, requiring "originality". 2. 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. 3. 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. 4. 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. 5. The term of protection of rights is different: the personal rights in copyright are generally not limited by time, while the term of protection of property rights in copyright is longer, and the term of protection of citizens' copyright is 50 years after the author's death; The protection period of 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. There is a significant difference between copyright and patent right, which is easy to distinguish in general, but as far as the protection of artistic works and graphic works is concerned, copyright and patent right overlap. For example, when protecting practical works of art, design right and copyright may cross. How to solve this conflict, the international practice is determined by the domestic legislation of each country.