Traditional Culture Encyclopedia - Photography major - Briefly describe the term of protection of copyright, patent right and trademark right respectively.
Briefly describe the term of protection of copyright, patent right and trademark right respectively.
1. The term of protection of the author's right of authorship, modification and protection of the integrity of the work is unlimited.
2. The protection period of the publishing right and property right of citizens' works is 50 years before and after the author's death, ending at 65438+February 31in the 50th year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
3. Film works, works created by methods similar to cinematography, works of legal persons or other organizations, and works with copyright (except the right of authorship) enjoyed by legal persons or other organizations shall be protected for 50 years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, the copyright law will no longer protect it.
4. For a work of unknown author, the term of protection of the rights stipulated in Item 5 to Item 17 of Paragraph 1 of Article 10 of the Copyright Law ends at 65438+February 3 1 day in the fiftieth year after the first publication of the work. After the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.
5. If the author did not explicitly say that he would not publish unpublished works before his death, his right to publish may be exercised by his successor or legatee within 50 years after his death; If there is no heir or legatee, it shall be exercised by the owner of the original work.
neighbouring rights
1. The performer's right to identify himself and the protection period for protecting his performance image from distortion are unlimited; The protection period of its property rights is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the performance.
2. The protection period of the right of producers of audio and video recordings to permit others to copy, distribute, rent or disseminate their audio and video recordings to the public through information networks is 50 years after the first production is completed. Up to 65438+February 3 1 in the fiftieth year after the first production of this product.
3. Radio stations and TV stations have the right to broadcast, record/copy 50 years after the first broadcast. It ended at 65438+February 3 1 50 years after the first broadcast of radio and television.
The protection period of the publisher's right to license or prohibit others from using the layout design of published books and periodicals is ten years, ending at 65438+February 3 1 day of the tenth year after the first publication of books and periodicals using the layout design.
patent
The term of invention patent right is 20 years, and the term of utility model patent right and design patent right is 10 years, counting from the date of application. After the expiration of the patent right, the patent right shall be terminated. Before the expiration of the patent right, the patentee may declare in writing that he will give up the patent right.
trademark right
During the period of validity, the exclusive right to use a trademark is protected by law. If it is not renewed after the period of validity, it will no longer be protected by law. Trademark laws in various countries generally stipulate the protection period of the exclusive right to use a trademark. Some countries set a longer time limit, while others set a shorter time limit, ranging from 20 to 7 years, mostly 10 years. China's Trademark Law stipulates that the exclusive right to use a trademark is valid for ten years. Article 38 of the Trademark Law stipulates: "Where a registered trademark needs to be used continuously after its expiration, it shall apply for renewal of registration within six months before its expiration. If the application is not made within this time limit, a grace period of 6 months can be given. If no application is made at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years. After the renewal of registration is approved, it will be announced. "
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