I. What else is an intellectual property trademark right? Rights
In addition to trademark rights, intellectual property rights include patent rights and copyright rights。
1. Patent rights: the right of a state to use its inventions exclusively for a period of time, including, inter alia, inventions, practical novelty and visual design, is granted by law to inventors or their successors. It guarantees the legitimate rights and interests of innovators in the field of technology and encourages technological innovation and progress。
2. Copyright: copyright is the right of authors of literary, artistic and scientific works to their work. These include personal rights and property rights, such as the right to publish, to sign, to reproduce, to issue etc. Copyright protects the author's creative work and promotes the development of culture and art。
These different types of iprs play an important role in their respective fields, together constituting the intellectual property system and providing legal safeguards for innovation and cultural creation。
Ii. Distinction between trademark and name rights in intellectual property
There are multiple differences between trademark and name rights in intellectual property。
1. The object of the right is different: the object of the right to a trademark is the trademark, the symbol used to distinguish the source of the goods or services, which is visible and identifiable; the object of the right to a name is the name of the natural person, the symbol used to identify and represent the individual。
2. Access varies: trademark rights are usually acquired through an application for registration, subject to the conditions and procedures established by law; the right to name is acquired by natural persons by birth without the need for a specific procedure。
3. The scope of protection varies: the right to trademarks protects the exclusive right of trademarks to use the same or similar trademarks on the same or similar goods or services; the right to name protects the right of natural persons to use their names, permit others to use them, and prohibits interference, embezzlement, forgery, etc。
4. The duration of a trademark right is different: it is valid and renewable; the right to a name is accompanied by a natural person's life and is not subject to a limitation unless the law specifies otherwise。
Direct infringement of intellectual property trademarks
Intellectual property trademarks may constitute direct infringement. Direct torts usually refer to the use of trademarks similar or similar to their registered trademarks on the same or similar goods without the licence of the trademark holder, which can easily lead to confusion。
1. Unauthorized use: it is a direct violation if, in the course of a business activity, he is not authorized by the trademark holder to use the same logo as the registered trademark for his goods or services. For example, trademarks of a well-known brand are used by others to sell similar goods without authorization。
2. Vulnerability to confusion: the key to determining whether or not a direct tort is whether or not it is likely to lead to confusion among consumers about the origin of goods or services. Direct infringement occurs if the trademark is used in a manner similar to the registered trademark and the consumer may be misconstrued in the market as originating from or associated with the trademark owner。
3. Same or similar goods: violations must also occur in connection with the same or similar goods or services. The use of identical or approximation trademarks in unrelated fields does not generally constitute a direct tort。
In sum, unauthorized use of a trademark on the same or similar goods as a registered trademark can easily lead to confusion and constitute a direct infringement of an intellectual property trademark。
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