Copyright refers to the exclusive rights enjoyed by citizens, legal persons and other organizations in the fields of literature, art and science. Patent right refers to the exclusive right enjoyed by the patentee for his invention, utility model and design according to law. The differences between copyright and patent right are as follows: (1) The objects to be protected are different. Copyright protects the expression of the author's thoughts, feelings and opinions, but not the content itself. These forms include novels, papers, movies, songs, pictures and so on. Patents protect inventions, which belong to the category of ideas, including inventions, utility models and designs, such as the invention of TV sets, the manufacturing method of light bulbs and the unique design of coca-cola bottle. (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; However, the patent right will not protect two inventions with the same theme. For example, A invented the TV set and applied for a patent, so B can no longer apply for this patent. (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; However, the patent right only includes the content of property rights such as the right to implement, the right to license others to implement and the right to transfer, and does not include the content of personal rights. (5) The term of rights protection is different. As mentioned above, the protection period of property rights of works is generally 50 years after the author's death; 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. Acting as an agent for trademark registration, trademark change, trademark transfer, trademark reexamination, appearance patent application, intellectual property agency, patent application and copyright application certification of works, and assisting well-known trademarks.
Legal objectivity:
Article 21 Copyright Protection Period of the Copyright Law of People's Republic of China (PRC) * * * The protection period for citizens' works, their publishing rights and the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is 50 years before the author's death and ending at 65438+February 3 1 day in the 50th 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.