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 Mississippi, 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 U.S. Patent Act, which provides legal protection for inventors of new utilities, designs, and plant varieties. Copyrights are protected under the U.S. Copyright Act, which covers original works of authorship including literature, music, and art. Trademarks are protected under the Lanham Act, which safeguards the names, logos, and other identifying marks of products and companies. Lastly, trade secrets are protected under both the federal Defend Trade Secrets Act (DTSA) and state laws, which in Mississippi would be the Mississippi Uniform Trade Secrets Act. These laws protect information that has economic value from not being generally known and is subject to efforts to maintain its secrecy. While the federal laws provide the framework for intellectual property rights, Mississippi state law can also play a role in enforcement and in providing additional remedies or penalties for infringement.