2. The institutions that grant rights are different. Copyright is automatically obtained after the creation of a work, and it can be obtained without applying for registration with any authority; The patent right was granted by China National Intellectual Property Administration; Trademark rights are granted by the State Trademark Office.
3. Different protection conditions. Works protected by copyright law require originality, and plagiarism of other people's 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.
4. Different application fields. The works protected by copyright law have a wide range of applications, mainly involving literature, art and science. Patent rights and trademark rights mainly occur in industrial, agricultural and commercial fields.
5. The protection period 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; The protection period of invention patent in patent right is 20 years, and that of utility model and design is 10 year, counting from the date of application. The term of protection of trademark rights is 10 years, counting from the date of approval of registration, and it can be renewed at the expiration, with no limit on the number of renewals.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected.
The provisions of this Law on commodity trademarks shall apply to service trademarks.
Copyright Law of People's Republic of China (PRC) Article 2 Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.
The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law.
Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.
The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties shall be first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and shall be protected by this Law.