Copyrights v. Patents v. Trademarks Flashcards
How do trademarks, copyrights, and patents differ?
Copyright and patent rights are completely distinct and separate from one another, and the
protection afforded by one cannot be used interchangeably to cover items or works that exclusively pertain to the others.
Trademark, copyright and patents are different intellectual property rights that cannot be interchanged with one another.
A trademark is any visible
sign capable of distinguishing the goods (trademark) or services (service mark)
of an enterprise and shall include a stamped or marked container of goods. In
relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise.
Meanwhile, the scope of a copyright is confined to
literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.
Patentable inventions, on the other hand, refer to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is
industrially applicable.
