The difference between copyright and appearance patent

For this problem, we must first look at what kind of packaging this product is suitable for. Copyright is the legitimate rights and interests enjoyed by authors of literary, artistic and scientific works. Design patent, also known as design patent, refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.

It looks the same, but there are still differences in application.

Copyright protects the author's ideas and the expression of ideas. If the product function is expressed through packaging, you can apply for copyright.

Design patents protect specific shapes, colors, patterns, etc. It is also possible to apply for a packaging patent.

Relatively speaking, the design is more targeted and the guarantee is more comprehensive.

Design patents must be used, such as the appearance of wine bottles, which can only be protected in the process of wine packaging; But the copyright is different, which can protect all goods. For example, the appearance of this bottle used to hold drinks can also be protected.

The term of validity of the design patent is 10 year, and the copyright is 50 years. Copyright protection takes a long time.

However, in the case of litigation, it is easier to prove the design patent, while it is more difficult to prove the copyright.