Copyright, patents and trademarks are all within the scope of intellectual property laws. They are similar in that they protect creative works. However, copyrights, patents and trademarks are recognized by three different intellectual property rights. Each of them has a different purpose. The following are the characteristics of each form of protection and their best use.
copyright
Copyright protects authors of published and unpublished literary works, musical works, movies, videos and certain other intellectual works. This protection belongs to the 1976 Copyright Act, which gives owners of certain authorships exclusive copies, distribute copies, make derivative works, or display works in public. However, copyright only protects tangible expressions, but does not protect the subject matter of the work itself. Specifically, this protection covers the following tasks:
- 2 or 3D artwork
- Any form of image, including but not limited to painting, painting, graphic design, photos, etc.
- Songs, music, lyrics, recordings and any musical works
- Film, drama, performances and other artistic performances
patent
A patent is an intellectual property protection of an invention or process or an improved design of an existing product. According to the patent, the inventor has the right to exclude other parties from making, using, selling or selling their invention. The new model is valid for 20 years from the date of filing of the patent application. In order to extend the patent, the inventor needs to pay a maintenance fee.
Trademark [and service mark]
Trademarks include names, words, logos, symbols or equipment used in the protection and trade of goods to distinguish products from other similar products. If the business involves providing a service rather than a commodity transaction, the business owner will use the service tag to register his/her company trademark. This protection prevents other parties from using similar tags that are confusing, but does not protect the goods or services. For example, when manufacturing or providing similar or identical goods or services, if another company uses a different trademark, you cannot file a lawsuit. In general, trademark registration applications are more expensive than copyright registrations. It takes longer to obtain a trademark registration than when the copyright registration is obtained.
In some cases, you need to use comprehensive intellectual property protection. For example, if you create a video ad with an appealing population number, you might want to protect the slogan by copyright protection for the entire plot of the ad and using trademark registration. Patents that can be patented can also be subject to subjective listing.
Orignal From: Intellectual Property Protection: When to Choose between Copyright, Patents and Trademarks
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