(1) Copyright
Copyright, also known as copyright, refers to the property rights and spiritual rights that natural persons, legal persons or other organizations enjoy in accordance with the law for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works.
(2) Industrial property rights
Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name "industrial property right" is more appropriate. It mainly includes patent right and trademark right.
What's the difference between intellectual property rights and patents? 1, patent refers to inventions protected by the patent law, that is, patented technology, which is a proprietary technology recognized by the state and protected by law on the basis of publicity. In China, there are three kinds of patents: inventions, utility models and designs.
2. Intellectual property, also known as "ownership of knowledge", refers to "the property rights enjoyed by the obligee on the fruits created by his intellectual labor".
It has two types: one is copyright (also known as copyright and literary property rights) and the other is industrial property rights (also known as industrial property rights).
(1) Copyright
Copyright, also known as copyright, refers to the property rights and spiritual rights that natural persons, legal persons or other organizations enjoy in accordance with the law for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works.
(2) Industrial property rights
Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name "industrial property right" is more appropriate. It mainly includes patent right and trademark right.
To sum up, intellectual property rights include patent rights.
What is the relationship between intellectual property, patent right, copyright and trademark right? Intellectual property rights include patents, trademarks and copyrights.
Patent right is the exclusive right to exploit a specific invention and creation within a certain period of time, and it is a kind of intellectual property right.
Divided into invention patents, utility model patents and design patents. The competent authority of patent right is the Patent Office.
Trademark right is the abbreviation of exclusive right to use a trademark, which means that the trademark authority grants the trademark owner the exclusive right to protect his registered trademark with national laws according to law.
A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations, sounds or the combination of the above elements. The competent authority of trademark right is the Trademark Office.
The object of copyright is a work, which refers to the intellectual achievements that are original in the fields of literature, art and science and can be copied in some tangible form.
Intellectual property rights include patent right, copyright and trademark right, and the differences are mainly the latter three:
1 all belong to the narrow sense of intellectual property, that is, all belong to the traditional sense of intellectual property.
The nature of the three is the same, that is, they all have the private nature of the right ontology and the immateriality of the right object.
All have the exclusive characteristics of intellectual property rights, that is, intellectual property rights are monopolized by the obligee, who monopolizes this right and is strictly protected. Without legal provisions or permission, no one may use the intellectual products of the obligee.
They all have the regional characteristics of intellectual property rights, that is, their rights are not unlimited, but are restricted by regions, that is, they are strictly territorial, and their effectiveness is limited to their own territory.
All have the temporal characteristics of intellectual property rights, that is, their rights are only protected within the time limit prescribed by law. Once the time limit is exceeded, their rights will disappear automatically, and the related intellectual property rights will become the common wealth of the whole society.
Difference:
1 permissions are different. Copyright has the dual attributes of personal rights and property rights. Patent and trademark rights are only property rights, not personal rights.
This right is granted by different authorities. Copyright is automatically obtained when a work is created, and it can be obtained without applying to any organ for registration. The patent right was granted by China National Intellectual Property Administration; Trademark rights are granted by the State Trademark Office.
The conditions of protection are different. Works protected by copyright law require originality, and plagiarism of others' works is prohibited. The patent right is granted to the first applicant, which is the first requirement for the invention-creation of the patent application; The premise of trademark registration is that the trademark should be recognizable.
Different application fields. The works protected by copyright law have a wide range of applications, mainly involving literature, art and science, while patent rights and trademark rights mainly occur in industrial, agricultural and commercial fields.
The term of protection of rights is different. The property right protection period of copyright and publication right in personal rights is 50 years after the author's death, and the work enters the public domain; Among patent rights, the protection period of invention patent is 20 years, and that of utility model and design is 10 years, counting from the date of application. The term of protection of trademark rights is 10 year, counting from the date of approval of registration, and it can be renewed at the expiration, with no limit on the number of renewals.
Intellectual property rights include trademark right, copyright and patent right, which are interrelated. If in doubt, please contact Bajie Intellectual Property Consultant for detailed understanding.
Patents, copyrights and trademarks are all intellectual property rights.
What is the relationship between intellectual property rights and property rights? Solving property rights and intellectual property rights are both private rights and civil rights in civil law.
Property right refers to the right holder's direct control and exclusive right to specific things according to law, while intellectual property right is the exclusive right that people enjoy to their creative intellectual achievements according to law.
Similarity: 1, which is a dominant position in nature; Everyone has the right to own this world. Absolutely right. 4 Legitimacy 5. Publicity 6. Exclusivity.
Difference: 1, the object of intellectual property is mainly intangible, while property rights are mainly tangible; 2. Different deadlines; 3. Intellectual property rights are regional, but property rights are not; 4. Different collection methods.
In short, property rights and intellectual property rights belong to different civil rights, each with different nature. Only by comparing their attributes can we correctly understand their attributes, better utilize and protect property rights and intellectual property rights, and make them play a greater role.
Does the copyright of computer software belong to intellectual property? 1 No, computer software copyright is only a small part of intellectual property rights;
2. Independent intellectual property rights include patents, trademarks and copyrights, so they are not a category;
3. Independent intellectual property rights are also called "proprietary intellectual property rights". Generally speaking, it refers to "knowledge products" (such as computer software and hardware, network information products, etc. Independent research, development and production by citizens, legal persons or unincorporated institutions within a country, and obtaining the exclusive right to purchase patents, know-how, trademarks and software from other countries or others. Judging from the characteristics of its rights, it has the characteristics of localization of the subject, internalization of ownership, integration of rights and publicity of private rights. According to the classification of the World Intellectual Property Organization, it is divided into two categories: creative independent intellectual property rights and marked intellectual property rights, and the right to fight unfair competition.
4. Copyright of computer software. Computer software refers to computer programs and related documents. Protected software must be independently developed by the developer, that is, it must be original, and it must be fixed on a tangible object rather than in the developer's mind.
What are intellectual property, copyright, trademark right and patent right? Intellectual property rights refer to people's rights to the achievements created by their own intellectual activities and the marks and reputations they enjoy in business management activities according to law. Intellectual property is an intangible property right, which, like tangible property such as houses and automobiles, is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
Copyright refers to the exclusive rights enjoyed by authors and other copyright owners in literary, artistic and scientific engineering works. It is the general name of the property rights and personal rights that natural persons, legal persons or other organizations enjoy in literature, art or scientific works according to law. Copyright property right is intangible property right, which is based on human wisdom, so it belongs to intellectual property right and is a kind of intellectual property right.
Trademark right is the abbreviation of exclusive right to use a trademark, which means that the trademark authority grants the trademark owner the exclusive right to protect his registered trademark with national laws according to law. The rights of a trademark registrant to control its registered trademark according to law and prohibit others from infringing on it, including the right of exclusive use, income, disposition, renewal and prohibition of others' infringement of its registered trademark. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements.
Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right to implement a specific invention and creation within a certain period of time.
What is the difference between the personal rights of intellectual property works and other copyrights in civil law? The personal rights of the copyright owner only come into being after the author creates the work, and shall be enjoyed by the author for life, and shall not be transferred or deprived. According to the Copyright Law of People's Republic of China (PRC), copyright owners enjoy the following personal rights:
First, the right to publish works.
Second, the author's right of authorship.
Third, the right to modify works.
Fourth, protect the integrity of the work.
The fifth to seventeenth rights in copyright belong to property rights.
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.
The essential difference between personal rights and property rights is that personal rights cannot be transferred and deprived, while property rights can be exercised by others or transferred in whole or in part.