Intellectual Property Rights (IPR) encompass a range of legal protections designed to safeguard various forms of intellectual creations. These protections are crucial for encouraging innovation and creativity. However, the boundaries between different types of IPR—such as patents, trademarks, copyrights, design rights, and trade secrets—can sometimes overlap. This article explores these overlaps, examining how IPR protections can coexist and the implications for creators and businesses.

1. Patents and Copyrights

Patents protect new inventions or discoveries, including processes, machines, or compositions of matter. Copyrights protect original works of authorship, such as literary, musical, and artistic works.

Overlap Example: The software for a mobile app can be patented if it includes a novel and non-obvious technological process, such as a unique algorithm. At the same time, the source code and the app’s user interface design can be protected by copyright. For instance, Google’s PageRank algorithm was patented (U.S. patent 6,285,999) for its innovative method of ranking web pages, while the design of Google’s search engine interface is protected by copyright.

2. Trademarks and Shape of Goods/Design Rights

Trademarks are symbols, logos, shapes or names that distinguish goods or services of one company from those of another. Design Rights/ Shape of Goods protect the visual design of objects, including their shape, configuration, and ornamentation.

Overlap Example: The shape of the iconic Toblerone chocolate bar is protected both under both Trade Mark as its unique shape serves as a source indentifier and Design Law for its unique shape, which prevents other companies from copying its distinctive triangular shape. Simultaneously, Toblerone’s logo and name are protected as trademarks. Both protections work together to ensure that consumers recognise Toblerone’s unique product identity.

3. Copyrights and Trademarks

While copyrights protect the creative expression in works like books and artworks, trademarks protect brand identifiers such as names, logos, and slogans.

Overlap Example: The “Harry Potter” book series by J.K. Rowling is protected by copyright for its text and illustrations. However, the “Harry Potter” name and logo are trademarked, which helps to protect the brand’s commercial identity and prevent unauthorised use in merchandising and other commercial ventures. Similarly, the packaging of Lays is registrable under both trademark & copyright law as a distinctive source identifier and original creation of authorship, respectively.

4. Patents and Trade Secrets

Trade secrets include confidential business information that provides a competitive edge, such as formulas, practices, and designs. Unlike patents, trade secrets are not disclosed publicly and can last indefinitely, as long as they remain confidential.

Overlap Example: In the pharmaceutical industry, companies often patent the chemical formula of a new drug while protecting the manufacturing process as a trade secret. For instance, a firm might patent a biologic drug but keep the specific production conditions (e.g., temperature, pressure) confidential to maintain a competitive edge. This strategy combines patent protection with trade secrets to safeguard both the product and the proprietary know-how behind its production, as seen in companies like Genentech.

5. Copyrights and Trade Secrets

Trade secrets can involve proprietary software or algorithms that may not be publicly disclosed. If a proprietary algorithm is kept secret, it is protected under trade secret law. If it is later published or shared, it may then be protected by copyright.

Overlap Example: The algorithm behind Adobe Photoshop’s image processing could be kept as a trade secret while the software code is proprietary. Once Adobe publishes the software, the code is protected by copyright, while the underlying algorithm, if not disclosed, remains protected as a trade secret.

Implications of IPR Protections Overlaps

1. Comprehensive Protection: Overlaps between different IPR protections provide a more comprehensive shield against infringement. For example, having both a patent and copyright on a software program allows for the protection of both the functional aspects and the creative expression.

2. Strategic Management: Businesses must strategically manage their IPR to maximize protection and commercial benefits. Understanding the scope of each type of protection and leveraging them effectively is crucial for maintaining a competitive edge.

3. Legal Complexity: The interplay between different IPR protections can complicate legal disputes. Parties involved in infringement cases may need to navigate various legal frameworks and arguments, which requires a thorough understanding of each type of IPR.

4. Innovation and Branding: Protecting different aspects of a product or creation through various IPR mechanisms enhances innovation and branding. This approach ensures that the full value of intellectual creations is safeguarded and prevents unauthorized use by competitors.

Conclusion

The overlaps between different Intellectual Property Rights protections highlight the multifaceted nature of safeguarding intellectual creations. By understanding these overlaps, creators and businesses can navigate the complexities of IPR more effectively and ensure robust protection for their innovations and brand assets. Leveraging the strengths of each type of protection helps to defend intellectual property and foster a more innovative and competitive environment.

WIPO – Overview of IPR Protections : https://www.wipo.int/edocs/mdocs/aspac/en/wipo_ipr_jkt_11/wipo_ipr_jkt_11_ref_t4.pdf

Learn how different IPs apply to the same object: https://jpassociates.co.in/how-much-ip-is-present-in-a-luxury-watch/