1. What's the difference between patent copyright and registration certificate?
The difference between copyrigh
1. What's the difference between patent copyright and registration certificate?
The difference between copyright and patent certificate lies in:
(1) The protected objects are different. Copyright protects the expression forms of the author's thoughts, feelings and opinions, such as novels, papers, movies, songs and pictures. Patent rights protect inventions, which belong to the category of ideas and viewpoints, including inventions, utility models and designs.
(2) The conditions and requirements of protection are different. According to the different objects of protection, the copyright law can protect two works with the same theme, as long as they are original; But patents will not protect two inventions with the same theme.
(3) The rights are generated in different ways. Copyright can usually be generated automatically without any registration or review procedures; The patent right must be granted to the legal applicant after being examined by a specific administrative organ of the state according to law.
(4) The content of rights is different. The contents of copyright include personal rights and property rights; Patent right only includes the right to exploit, the right to license others to exploit and the right to transfer.
(5) The term of rights protection is different. The protection period of the property right of a work is generally 50 years after the author's death, counting from the date of implementation; The protection period of the patent right is 20 years for the invention patent, and 10 years for the design and utility model respectively, counting from the date of application.
2. What are the legal characteristics of patent right?
(1) exclusivity. Patent right is an intangible property right, which is exclusive. Unless otherwise provided by law, anyone who exploits a patent must obtain the permission of the patentee and pay the royalties according to the agreement of both parties, otherwise it will constitute infringement.
(2) timeliness. It means that the patent right is only valid during the authorization period. After the expiration or termination of the term, the invention will become the common wealth of the whole society, and anyone can use it for free. The duration of the patent right is stipulated by the patent law.
(3) regionality. It means that the patent right granted by a country is only valid within the geographical scope of the granting country or region, and is not legally binding on other countries or regions. The patent rights granted by each country or region are independent of each other.
3. What rights does copyright include?
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent;
(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
(10) the right to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment;
(eleven) the right to broadcast, that is, the right to publicly broadcast or broadcast works by wired or wireless means, and to broadcast and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images.
(12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice;
(thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right to translation, that is, the right to convert a work from one language into another;
(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;
(seventeen) other rights that should be enjoyed by the copyright owner.
In fact, after obtaining the patent right, the administrative department issues a patent certificate instead of a registration certificate, and the patent cannot be registered before the trademark can be registered. In addition to the above differences, patent right and copyright are both intellectual property rights protected by law and intangible property, and the protection period is limited.