The term of patent right for design is short, and the term of patent right for design is ten years, counting from the date of application. This right needs to be applied for, and it will not be produced if it is not applied for. In addition, the maintenance of this right requires the payment of official fees to China National Intellectual Property Administration. Specific excerpts of relevant time limits are as follows:
Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.
The term of copyright is longer, which is slightly different according to the nature of copyright and the nature of copyright owner. You don't need to apply, your rights come into being from the date when your work is completed. If you don't do copyright registration, there will be no cost. However, it is troublesome to provide evidence to prove the production date, and copyright registration is the best place. Specific excerpts of relevant time limits are as follows:
Article 9 Copyright owners include:
(1) author;
(2) Other citizens, legal persons or other organizations that enjoy copyright according to this Law.
Article 10 Copyright includes the following personal rights and property rights:
(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, reproduction or reproduction;
(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;
(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, 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 of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;
(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, 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 works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;
(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;
(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.
The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.
Article 20 The term of protection of an author's right of authorship, right of revision and right to protect the integrity of a work is unlimited.
Article 21 The protection period of citizens' right of publication and the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law shall be the author's life and fifty years after his death, and shall end on 65438+February 3 1 day in the fiftieth year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
The term of protection for the works of legal persons or other organizations, as well as the post works enjoyed by legal persons or other organizations, and the rights specified in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works, but the works have not been published within fifty years after the completion of the creation.
For cinematographic works and works created by similar cinematographic or photographic methods, the term of protection of the right of publication and the rights specified in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.
In addition, the patent right of design shall not be used by others without the permission of the patentee. However, there are some special cases of copyright, which can be used by others or even free of charge:
Article 22 Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(a) for personal study, research or appreciation of the use of other people's published works;
(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;
(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;
(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;
(seven) the use of published works by state organs within the reasonable scope of performing official duties;
(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;
(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;
(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;
(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;
(12) Published works are published in Braille.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Article 23 When compiling and publishing textbooks for the implementation of the nine-year compulsory education and the national education plan, unless the author declares in advance that it is not allowed to use them, he may incorporate published works fragments, short stories, musical works or single works of art and photography into the textbooks without the permission of the copyright owner, but he shall be paid in accordance with the regulations. Marking the name of the author and the name of the work shall not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.