[pp.int.general] "Intellectual property"

[Patrick Mächler]

On Fri, Jul 16, 2010 at 3:32 AM, Richard Stallman <rms at gnu.org> wrote:
>    Since patents, copyright, design patents and trademarks can overlap
>
> I think you're mistaken -- copyrights, ordinary (utility) patents, and
> trademarks do not overlap.  They are totally separate laws.  To
> encourage people to think clearly about each of them, we should oppose
> any idea of generalizing about them.
>
> I don't know much about design patents.  It is possible that they have
> something in common with utility patents.  But if they do, they do not
> share it with copyrights or trademarks.

They are completely separate laws and are indeed intended to treat
different aspects.
However different laws might be used to monopolize different parts of
the same product;
i.e. let's consider a mobile device like the iPad(TM)
- ideas for user interfaces and some technicalities might be patented
in an abstract form
- the company logo and the name of the device is likely to be
copyrighted (as an artistic expression) and trademarked (as a always
extensible protection against competitors)
- most media used on the device (music, graphics), software and
databases will be covered by copyright (or related rights)
- the overall appearance of the device can be protected by industrial
design rights (it's a little bit like a 2D or 3D trademark, but has a
wider application in reference to appearance and business; it can only
be extended up to 14 or 25 years)