Design patent: the object of protection is the design of industrial products, specifically, the design patent protects the color, pattern and shape design of industrial products.
Copyright: The object of protection is the intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form. The overlapping parts with appearance patents are mainly the patterns and ideas of artistic creation (especially works of art).
Second, the content of rights is different.
Appearance patent: it is composed of property rights, mainly including the right to exploit, the right to license others to exploit and the right to transfer. Relatively simple,
Copyright: It consists of personal rights and property rights. Among them, the personal right of a work is also called the spiritual right of a work, including the right of publication, the right of signature, the right of modification and the right to protect the integrity of the work, which has the characteristics of non-transferability and permanence. The property rights of works mainly include the right to use, the right to license, the right to transfer and the right to receive remuneration. Specifically, the right to use copyright refers to the right to use a work by means of reproduction, distribution, lease, exhibition, projection, broadcasting, online communication, shooting, adaptation, translation and assembly.
Third, the premise of gaining power is different.
Design patent: The patent law requires that "it does not belong to the existing design, and it should be obviously different from the existing design or the combination of existing design features". In short, design patents need "unique initiative". However, it should be noted that, in fact, China's appearance patents are only subject to formal examination at present, so they are usually authorized.
Copyright: Copyright will be generated automatically after the work is completed. As long as it is an original work, whether it is similar to a published work or not, it can obtain independent copyright.
4. Different ways of obtaining evidence
Patent of appearance: apply to China National Intellectual Property Administration (also known as Patent Office), issue a registration notice after examination, and authorize and issue a certificate of patent of appearance after going through the formalities.
Copyright: Copyright is automatically generated without registration or review. However, obtaining copyright and obtaining copyright certificate are different concepts. If it is necessary to obtain a copyright certificate for the purpose of confirming rights, it is necessary to apply to China Copyright Center, and issue a certificate of work registration after registration.
Verb (abbreviation for verb) different protected areas
Appearance patent: follow the principle of regional protection. China's appearance patents are only protected in Chinese mainland (excluding Hong Kong, Macao and Taiwan). If you need protection abroad, you need to apply to the corresponding country. Accordingly, foreign patents are not directly protected in China.
Copyright: Copyright is usually generated automatically. After the work is completed, it can be protected by the copyright law of the relevant countries according to the relevant principles, and there is no need to go through the formalities. In addition, China has joined the Berne Convention for the Protection of Literary and Artistic Works, so the copyright registered in China enjoys national protection in 172 contracting States.
Sixth, the protection period is different.
Appearance patent: domestic appearance patent shall be protected for ten years from the date of application.
Copyright: the protection period of citizens' copyright is 50 years before the author's death and 50 years after his death; The copyright protection period of legal person works and professional works is 50 years.
Seven, the maintenance cost is different.
Appearance patent: the annual patent fee needs to be paid every year, and it will be increased by stages. Failure to pay the annual fee is regarded as a waiver of rights.
Copyright: copyright registration implements the principle of voluntariness, and there is no need to pay the annual fee after obtaining the work registration certificate.
Eight, the basis for safeguarding rights is different.
Appearance patent: protected by patent law. As mentioned above, at present, China National Intellectual Property Administration only conducts formal examination to search, analyze and evaluate whether there are defects that do not meet the conditions for granting patent rights and whether they are novel and creative. When there is a dispute over the infringement of an appearance patent, the patentee usually needs to ask China National Intellectual Property Administration to issue a patent evaluation report first. On the premise of having a positive evaluation report, the power of the appearance patent is greater.
Copyright: protected by copyright. Copyright does not require the protected work to be original, as long as it is done independently. Sometimes it is impossible to tell whether it is done independently, which is easier to avoid than patents.