Which is better, intellectual property protection, trademark, patent, soft work or copyright?

Now intellectual property rights are inseparable from the development of enterprises, and many enterprises have their own strategic layout of intellectual property rights. But intellectual property rights also include trademarks, patents, software, copyrights and so on. Which one should be used to protect intellectual property rights?

Trademarks make brands impregnable.

Trademark is a symbol to distinguish the source of goods or services, and it is the core embodiment of enterprise brand. After the trademark is approved and registered, it is protected by law, which is conducive to building a well-known brand and forming a fixed consumer group.

Patents make innovation more valuable.

Simply put, patents refer to inventions protected by law, including invention patents, utility model patents and design patents.

For example, a design product package can apply for design patent protection; You can apply for a patent for utility model for a new technical scheme suitable for practical use in the shape, structure or combination of products; You can apply for an invention patent for the production method and process of a product.

Copyright protects works and prevents plagiarism.

Copyright refers to the rights (including property rights and personal rights) enjoyed by the authors of literary, artistic and scientific works. Works that can be protected by copyright include novels, poems, essays, papers and other written works; Oral works such as lectures, speeches and sermons; Musical works with or without words; Dramatic or musical works; Mime and dance works of art, painting, calligraphy, sculpture and other works of art; Practical works of art; Architectural works of art; Photographic works of art; Film works, etc.

Today we will focus on copyright, which is copyright.

Copyright refers to the right of a unit or individual to print, publish and sell a work according to law. Anyone who wants to copy, translate, adapt or perform needs permission from the copyright owner, otherwise it will infringe on the rights of others.

The role of copyright registration

Copyright, also known as copyright in our country's law, comes into being automatically from the date of creation. Like most countries in the world, China implements voluntary registration of copyright. The automatic generation of rights brings great convenience to the copyright owner to exercise his copyright, but it also brings insecurity to the right owner.

The establishment of the registration system is to provide a legal system to record and publicize the original information related to the creation of works and the basic information about the change of rights, as the preliminary evidence that the copyright owner enjoys the rights, so as to provide security measures for the copyright owner to enjoy and exercise the copyright.

On June 5438+ 10, 2002, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Applicable Law in the Trial of Copyright Civil Disputes. Article 7 of the Interpretation stipulates that "the copyright registration certificate provided by the parties can be used as evidence", which further clarifies the effectiveness of the copyright registration certificate.

With the increasingly prominent commercial value of copyright, there are more and more disputes in the field of copyright. It can be said that copyright registration is playing an increasingly important role.

The benefits of copyright registration

Taking copyright registration as an example, the copyright registration department is responsible for works other than software, and the benefits of obtaining a copyright registration certificate for works generally include:

1. Once there is a copyright dispute, it is a powerful weapon to claim rights. As a preliminary proof of copyright ownership, unless there is other evidence to the contrary to overturn the contents of the copyright registration certificate, the judicial, administrative or other competent authorities can accept the matters recorded in the copyright registration certificate, thus greatly reducing the difficulty of proof of the relevant right holders;

2. When conducting copyright trading activities such as copyright transfer and licensing, as proof of rights, it can improve the security of the transaction and is conducive to the smooth completion of the transaction;

3. Copyright pledge financing is an important material for pledge registration in the legal link of pledge financing, and it is also an important certification document for the evaluation agency to evaluate the value of copyright;

4. As proof of rights, it is usually the premise for copyright owners to start anti-piracy and rights protection actions. At present, the copyright registration certificate of works is an effective copyright ownership certificate widely used on e-commerce platforms;

5. Documents required by other judicial organs or administrative organs, such as the public security law, the registration certificate of judicial organs and relevant administrative organs (such as customs), the certificate of listed capital of the company, and the certificate of payment of foreign exchange for authorized broadcasting of overseas films, TV dramas and other works;

6. You can get preferential policies or subsidies. According to the industrial policies of the central government or some localities and regions, enterprise copyright owners can enjoy preferential policies or support in tax incentives, financial subsidies, and the identification of high-tech enterprises.

7. As a certificate issued by the national authority, it is a symbol of the competitiveness of the obligee, a reflection of the innovative strength of the enterprise, and can enhance the effective competitiveness of the enterprise market;

8. When evaluating professional titles, the certificate issued by the authoritative department of the state can be used as the proof document of the important innovation achievements of the copyright owner.

abstract

From the perspective of enterprise development strategy, enterprises need to carefully analyze their own needs, and then choose the layout of trademarks, patents and copyrights according to their needs, so as to give full play to intellectual property rights.