Intellectual Property is like a tree with many branches, with copyright and trademark being the most common intellectual property branches known to the majority, while these are not the only branches of intellectual property; they serve as the clearest illustration of this divergence. Both are commonly encountered in the commercial space and both, realistically, may attach to the same subject matter. For example, a logo may be the subject of copyright protection due to its artistic nature and simultaneously be covered by trademark as well due to its distinctive features; yet, the rules governing their creation, administration, and enforcement differs.
This article examines that divergence through six (6) lenses: the framework for registration; the administration of rights; the scope and duration of protection; licensing; renewal; and enforcement.
