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 Arkansas, 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 governed by the Copyright Act, which safeguards authors of original works, including literature, music, and art, from unauthorized use of their creations. 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 under both the federal Defend Trade Secrets Act (DTSA) and state laws, which in Arkansas is the Uniform Trade Secrets Act, codified in the Arkansas Code. This state statute provides remedies for the misappropriation of trade secrets, which are information that has value from not being generally known and is subject to efforts to maintain its secrecy.