Intellectual property is the body of law (statutes and court opinions) that protects a person’s original works. There are generally four types of intellectual property: (1) patents; (2) copyrights; (3) trademarks; and (4) trade secrets. For example, patent law protects the works of people who create new utilities for chemicals and machines (utility patents), new designs (design patents), and new plant varieties (plant patents). Copyright law protects new works of authorship such as books, movie scripts, paintings, poetry, and songs. Trademark law protects the names and identifying marks (logos) of products and companies. And trade secrets are pieces of information that have economic value from not being generally known to the public or discoverable by lawful means, and that the owner strives to keep secret.
In Alaska (AK), as in all states, intellectual property law is primarily governed by federal statutes, as the protection of intellectual property is considered a matter of federal jurisdiction. Patents are governed by the United States Patent and Trademark Office (USPTO) and are protected under the Patent Act (Title 35 of the United States Code). Copyrights are protected under the Copyright Act (Title 17 of the U.S. Code), which covers original works of authorship. Trademarks are protected under the Lanham Act (also known as the Trademark Act, 15 U.S.C. § 1051 et seq.), which covers the names, logos, and other identifying marks of products and companies. Lastly, trade secrets are protected under the Uniform Trade Secrets Act, which has been adopted by Alaska in Alaska Statutes § 45.50.910-45.50.945, as well as under the federal Defend Trade Secrets Act (DTSA) of 2016. While the specifics of these laws are federally mandated, state laws and courts in Alaska may also play a role in enforcement and in providing remedies for infringement or misappropriation of intellectual property.