Differences Between Copyright and Trademark in China
- GOMAXGROUP
- Jun 12
- 2 min read
Differences Between Copyright and Trademark in China
Definition
Copyright: Copyright in China protects original works of authorship, including literature, music, art, and software. It grants creators exclusive rights to use and distribute their creations.
Trademark: A trademark protects symbols, names, and slogans used to identify goods or services. It distinguishes the source of products and services from those of others.
Scope of Protection
Copyright: Protects the expression of ideas, not the ideas themselves. It covers the specific way in which an idea is expressed.
Trademark: Protects brand identifiers, including logos, brand names, and taglines. It ensures that consumers can identify the source of goods or services.
Duration of Protection
Copyright: In China, copyright protection lasts for the life of the author plus 50 years (or 70 years for works of corporate authorship).
Trademark: Trademark registration is valid for 10 years and can be renewed indefinitely for additional 10-year periods, as long as the mark is in use.
Registration Process
Copyright: Copyright protection is automatic upon creation of the work, though registration with the National Copyright Administration can provide legal advantages.
Trademark: Trademark protection requires a formal registration process with the China National Intellectual Property Administration (CNIPA). This process includes an examination of the application and potential opposition from third parties.
Infringement and Enforcement
Copyright: Infringement occurs when someone uses a copyrighted work without permission. Enforcement can involve civil lawsuits and statutory damages.
Trademark: Infringement occurs when a trademark is used without authorization in a way that causes confusion among consumers. Enforcement can involve litigation and administrative actions through CNIPA.
International Treaties
Copyright: China is a member of the Berne Convention for the Protection of Literary and Artistic Works, which facilitates international copyright protection.
Trademark: China is a member of the Madrid Protocol, allowing for international trademark registration and protection across member countries.
Conclusion
While both copyright and trademark serve to protect intellectual property, they do so in distinct ways. Understanding these differences is crucial for creators and businesses operating in China.
