3. What distinguishes copyrights from trademark rights and patent rights?
Copyrights, trademark rights, and patent rights are obtained in different ways. Copyright holders automatically enjoy protection from the time a work is finished. To obtain rights of exclusive use of a trademark or patent, however, it is necessary to apply and successfully undergo an examination and registration process. The periods of protection also differ. The term of copyright protection is, in principle, the lifetime of the creator plus 50 years and is not extendable. The term of exclusive trademark protection is 10 years, but may be extended an unlimited number of times, each time for a period of 10 years. The term of patent protection is 20 years for invention patents, and in the case of pharmaceuticals and agricultural chemicals one extension of 2 to 5 years may be granted. Utility model patents and deign patents are protected for 10 years and 12 years, respectively, and neither may be extended.
- Publish Date : 2008-04-24
- Update : 2008-04-24
- Organization : International Affairs and Planning Division
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