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 New Mexico, as in all states, intellectual property law is primarily governed by federal statutes, due to the interstate and often international nature of IP issues. Patents are protected under federal law, specifically the United States Patent Act, which provides legal protection for inventors of new utilities, designs, and plant varieties. Copyrights are also protected under federal law by the Copyright Act, which covers original works of authorship including literature, music, and art. Trademarks are governed by the Lanham Act, which protects brand names, logos, and other identifiers from being used by others in a way that could cause consumer confusion. Lastly, trade secrets are protected under both federal law, through the Defend Trade Secrets Act, and state law, which in New Mexico is the Uniform Trade Secrets Act. This state statute defines trade secrets and provides remedies for their misappropriation. While federal law provides the primary framework for intellectual property protection, New Mexico law may also apply in certain cases, particularly related to enforcement and remedies specific to the state.