What is the difference between copyright infringement and trademark infringement in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of the differences between copyright infringement and trademark infringement in China. This article will discuss what constitutes copyright infringement, what constitutes trademark infringement, the differences between copyright infringement and trademark infringement, and the expertise of Michael Xu's legal team in intellectual property infringement legal services.

I. What Constitutes Copyright Infringement

Unauthorized Reproduction and Distribution

1. Reproducing Works: Reproducing copyrighted works such as books, music, movies, and software without the permission of the copyright owner.

2. Distributing Works: Distributing copyrighted works through the internet, broadcasting, television, etc., without authorization.

Unauthorized Adaptation and Translation

1. Adapting Works: Adapting copyrighted works, such as turning a novel into a movie or TV series, without the copyright owner's permission.

2. Translating Works: Translating copyrighted works into other languages and distributing them without authorization.

Unauthorized Performance and Display

1. Performing Works: Publicly performing copyrighted works, such as plays and concerts, without the copyright owner's permission.

2. Displaying Works: Publicly displaying copyrighted artworks, photographs, etc., without authorization.

II. What Constitutes Trademark Infringement

Counterfeiting Registered Trademarks

1. Using Identical or Similar Trademarks: Using a trademark identical or similar to a registered trademark on the same or similar goods without the trademark owner's permission, causing confusion or misrecognition.

2. Selling Counterfeit Goods: Selling goods that are known to bear counterfeit registered trademarks.

Unauthorized Manufacturing and Use of Trademark Labels

1. Manufacturing Trademark Labels: Manufacturing trademark labels identical or similar to another's registered trademark without permission.

2. Using Trademark Labels: Using another's registered trademark labels on goods or services without authorization.

Malicious Registration of Trademarks

Preemptively Registering Trademarks: Maliciously preempting the registration of a trademark that another party has already used and gained influence, hindering its normal use.

III. Differences Between Copyright Infringement and Trademark Infringement

Different Objects of Protection

1. Copyright: Protects the rights of creators of literary, artistic, and scientific works, covering books, music, movies, software, artworks, etc.

2. Trademark Rights: Protects the exclusive right of trademark owners to use their marks on goods or services, covering product names, logos, slogans, etc.

Different Forms of Infringement

1. Copyright Infringement: Mainly includes unauthorized reproduction, distribution, adaptation, translation, performance, and display.

2. Trademark Infringement: Mainly includes counterfeiting registered trademarks, unauthorized manufacturing and use of trademark labels, and malicious registration of trademarks.

Different Legal Protections

1. Copyright Law: Copyright is protected by the Copyright Law of the People's Republic of China, and infringement can lead to civil, administrative, and criminal liability.

2. Trademark Law: Trademark rights are protected by the Trademark Law of the People's Republic of China, and infringement can lead to civil, administrative, and criminal liability.

IV. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in intellectual property infringement legal services in China. We are dedicated to providing comprehensive copyright and trademark protection and enforcement solutions to help clients effectively safeguard their intellectual property rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and intellectual property experts specializing in intellectual property infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling copyright and trademark infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in copyright and trademark protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex copyright and trademark infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous copyright and trademark infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign enterprises can ensure their intellectual property is fully protected in China and receive the most professional legal support and solutions when facing infringement issues.