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 Alabama, as in all states, intellectual property law is primarily governed by federal statutes, due to the interstate and often international nature of IP. Patents are protected under the United States Patent Act, which provides legal protection for inventors of new utilities, designs, and plant varieties. Copyrights are safeguarded by the Copyright Act, which covers original works of authorship including literature, music, and visual arts. Trademarks are protected under the Lanham Act, which ensures that distinctive names, logos, and symbols used in commerce to identify goods or services are not used without permission. Lastly, trade secrets are protected both by the Alabama Trade Secrets Act and the federal Defend Trade Secrets Act, which provide remedies for the misappropriation of confidential business information that gives a company a competitive edge. While federal law provides the primary framework for intellectual property rights, state laws can also apply, particularly in matters of enforcement and in cases where federal jurisdiction does not preempt state action.