The difference between appearance patent and copyright

The difference between design and copyright is as follows: 1. There are differences in nature, one is patent right and the other is copyright; 2. There are differences between the competent departments. The competent authority of design is the Patent Office, and the competent authority of copyright is the copyright administrative department. 3. Different protection periods; 4. The scope of protection is different.

legal ground

Article 23 of the Patent Law of People's Republic of China (PRC), a design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Copyright Law of People's Republic of China (PRC) Article 2 Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. Seventh the State Council copyright administrative departments in charge of the national copyright management; The copyright administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the copyright administration in their respective administrative areas.