The major difference may be the Copyrights, patents, and trademarks in China are protected on a first-to-file basis, which means the IP registration is the precondition for their protection in China.
2
专利在先使用权与商标在先使用权、在先使用权抗辩与公知技术抗辩间有着密切的联系与区别。
The prior user right concerning patent and prior user right concerning brand, the answer on the prior user right concerning patent and the public known technique have close relations and differences.
3
但将专利在先使用权界定为一种对抗专利侵权指控的抗辩权更为合理。
But it is more reasonable to define the prior user right concerning patent as a right of defense which to defense the tortuous accusation on patent.
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