Trademarks, patents and copyrights: identification, regionality and timeliness analysis

Trademarks, patents and copyrights are important components of the intellectual property field, and their respective definitions, scope of protection and application processes are crucial to businesses and individuals.

Trademark

A trademark is a sign that identifies a certain product or service, including graphics (such as Apple’s trademark), Chinese (such as Angel mooncakes), foreign languages ​​(such as SONY), numbers (such as 12580), color combinations, etc. Under the International Nice Classification, trademarks are divided into 45 categories, some of which are of particular commercial concern.

In different countries, trademark application and protection methods vary. For example, China follows the “registration priority” principle, which means that the trademark that applies for registration first will receive legal protection. In the United States, trademark registration must be based on actual use, and trademarks that are not used in the market may not be protected.

In addition, trademarks are also territorial and exclusive. A trademark registered in one country may not be protected in other countries.

Patent

Patents refer to the right granted by the state to inventors and creators to exclusively own their inventions and creations for a certain period of time in accordance with the law. In China, patents are divided into three types: invention patents, utility model patents and appearance patents. Among them, invention patents need to meet new technical solution requirements, while utility model patents focus on product shape and structure. Appearance patents protect the shape, pattern and combined design of a product.

Patents are exclusive, territorial and timely. It is only valid in the country or region of application and has the right to exclude others from using it within a specific period. For example, in China, invention patents are valid for up to 20 years, while utility model patents are valid for 10 years. During the protection period, the holder must pay the patent fee on an annual basis. Failure to pay the fee on time will result in the patent becoming invalid.

Copyright

Copyright, also known as authorship, refers to the rights enjoyed by authors in their literary, artistic and scientific works, including property rights and personal rights. In the traditional communication environment, the core of copyright is to control the dissemination and use of works. However, with the development of e-commerce, copyright holders face the risk of their works becoming “out of control”.

Copyright issues in e-commerce can be divided into direct rights and indirect infringements. Direct rights involve unauthorized copying, publication, modification, etc., while indirect infringement includes the liability of Internet service providers due to infringement by users. There are significant differences between online content service providers and online intermediary service providers in terms of their legal status and the liabilities they may face.

In China, once a copyright is registered, it will be protected by the Berne Convention, which currently covers 167 member states, providing a broad international protection framework for China’s copyright.

To sum up, trademarks, patents and copyrights each have separate rules and requirements when it comes to protecting rights and practical applications, which need to be carefully distinguished and understood based on the specific situation.