What is the difference between appearance patent and copyright

After the patent right for invention and utility model has been granted, no entity or individual other than this Law may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell, import its patented products, or use its proprietary methods, and use, offer to sell, sell Import products directly obtained according to the patented process.

1、 What is appearance patent?

Appearance patents are mainly aimed at the design of industrial products, mainly protecting the color, pattern and appearance design of industrial products. (such as electronic products, household products, daily necessities)

2、 What is copyright?

Copyright is more inclined to literary works, art and science, with original design and various forms of reproduction. The product packaging or appearance involves aesthetic creation. (especially art works and conception)

3、 Appearance patent vs. copyright?

The appearance patent protects the shape and pattern structure of the bottle, and the design pattern on the product under copyright protection. The appearance patent refers to the shape, color, pattern and structure of the product; Copyright protects the design and conception of artistic creations.

4、 Is it necessary to apply for copyright protection after applying for appearance patent? It must be necessary.

Appearance patent and copyright are complementary forms. Application for appearance patent can protect the right to authorize and sell the product itself, and application for copyright can protect the right to apply the work to other products and publicity channels.

1. Different protection objects

Appearance patents are mainly aimed at the design of industrial products, mainly protecting the color, pattern and shape design of industrial products, such as electronic products, household products, and daily necessities.

Copyright is more inclined to literary works, art and science, with original designs and various forms of reproducible achievements. The product packaging or appearance involves aesthetic creation. (especially art works and conception)

2. Different rights

The appearance patent is composed of the property rights held, including the right to use, the right to license others to use, and the right to transfer. Copyright is composed of personal rights and property rights. Personal rights refer to the spiritual rights of designers' works. The specific provisions of property rights include the right to use, the right to license, the right to transfer, and the right to receive remuneration.

3. Different protection areas

The appearance patent is protected regionally (it will be protected locally when applying for the local country). The copyright registered in China is protected in 172 contracting countries.

4. Different protection time

The patent for design shall be valid for ten years from the date of application. The term of copyright protection expires in the 50th year after the death of the last author.

The objects of rights protection are different. A patent for design is the protection of the shape, pattern, or the combination of shape, pattern and color of a product for an industrial product that is aesthetically pleasing. Copyright protects original works in the fields of literature, art and science.