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 North Carolina, as in all states, intellectual property law is primarily governed by federal statutes, as the creation and enforcement of intellectual property rights are considered under the jurisdiction of federal law. 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 art. Trademarks are protected under the Lanham Act, which ensures that company and product identifiers, such as names and logos, are not used without permission. Lastly, trade secrets are protected both by the North Carolina Trade Secrets Protection Act and the federal Defend Trade Secrets Act, which provide remedies for the misappropriation of confidential business information. While federal law predominates in the field of intellectual property, state laws can also play a role, particularly in the enforcement of trade secrets and in providing additional civil remedies for infringement.