1. Copyright
Copyright used to be called Copyright, which is the right of reproduction. This is because printing technology was not popular in the past. At that time, society believed that the most important right attached to a work was the right to print and publish it, so it was called this. However, with the evolution of the times and the advancement of technology, the types of works have gradually increased. The British "Anna Statute", the world's first copyright law, began to protect the rights of authors, not just publishers. In 1791, France promulgated the "Performance Rights Law" and began to attach importance to protecting the author's performance rights. In 1793, the "Author's Rights Act" was promulgated, and the author's moral rights received further attention.
2. Trademark rights
Trademark rights are exclusive rights for trademarks The abbreviation refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark under national law in accordance with the law. Trademark registrants have the right to control their registered trademarks in accordance with the law and prohibit infringement by others, including the trademark registrant's exclusive use rights, income rights, disposal rights, renewal rights and the rights to prohibit infringement by others of their registered trademarks. A trademark is a commercial sign used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, or a combination of the above elements. Source: "Trademark Law of the People's Republic of China"
3. How to stipulate the conflict between the two?
1. Trademark rights and copyrights are both intellectual property rights, but are protected by different laws. The objects of protection are different and are not reciprocal. .
2. The work has copyright (copyright) upon completion of creation and does not require copyright registration. However, copyright registration is conducive to the protection of works and the proof of ownership of works.
3. Trademarks are protected by trademark law only within the scope of registered goods or similar goods. It cannot exclude others from using trademarks on other goods of different or similar categories. Registration application. Copyright registration of works is beneficial to the copyright owner’s enjoyment of the prior version.Copyright rights raise objections to other people’s trademark applications, declare them invalid, etc.
4. Similarly, if you apply for trademark registration based on someone else's work, you may face the risk of infringing on someone else's prior copyright.
The legal provisions related to copyright in trademark laws and regulations are as follows:
"Trademark of the People's Republic of China" Article 32 of the Law: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence.
"Trademark Trial Standards" 3.3.1 If you apply for a registered trademark on another person's copyrighted work without the permission of the copyright owner, it shall be deemed as infringement of the prior copyright of another person. In case of infringement, the disputed trademark shall not be approved for registration or shall be revoked.
There are many powers around us that we enjoy, but there are also conflicts between different powers. What we need to know is how to deal with these conflicts! I hope everyone can With the help of the editor of Legal Savior Network, I have learned more about this aspect! If you have any questions, please feel free to consult a lawyer on this website.
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