Artistic works created by enterprises during their production and business activities can be protected through either copyright or trademark rights.  However, in practice, some applicants tend to focus solely on obtaining trademark rights while neglecting copyright registration.  Conversely, others may register copyrights for all artistic works generated in their business activities.  How can one 

reasonably choose between copyright and trademark protection to achieve comprehensive protection while avoiding unnecessary costs?  Before answering this question, let us compare these two types of rights, which may provide some insights.

    As shown in the table, these two types of rights differ significantly in terms of the objects they protect, the scope of protection, and the burden of proof.  From the perspective of the burden of proof, trademark rights are granted upon registration by the Trademark Office, so the trademark owner does not need to provide evidence in subsequent enforcement actions.  In contrast, copyright arises automatically upon the completion of the work, but the applicant must still provide relevant evidence to prove prior copyright ownership in enforcement actions. In terms of the scope of protection, copyright clearly offers broader protection than trademark rights, as trademark protection is limited to the registered trademark and the associated goods/services, while copyright protection focuses solely on the work itself.  However, it is important to note that the table clearly states that the object of copyright protection is an intellectual achievement that is original and can be expressed in a certain form. This means that if a work lacks originality, it does not qualify for copyright protection, and copyright registration would be ineffective.

    In conclusion, for original artistic works created during business activities, it is highly recommended to register the trademark to obtain trademark rights, while also register the copyright to secure preliminary evidence of prior copyright ownership. This approach ensures comprehensive protection in subsequent enforcement actions.

    However, for artistic works created during business activities that lack originality, even if copyright registration is pursued, it will not provide any advantage in subsequent enforcement actions; as such works may not qualify for copyright protection. In such cases, it is unnecessary to incur additional costs for copyright registration, and trademark registration should suffice based on usage needs.