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 Oregon, as in the rest of the United 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 safeguards original works of authorship including literature, music, and art. Trademarks are protected under both federal law, through the Lanham Act, and state law, with Oregon providing additional statutes that protect trademarks within the state. Trade secrets in Oregon are protected under the Oregon Uniform Trade Secrets Act, which mirrors the federal Defend Trade Secrets Act, providing legal recourse for businesses whose confidential business information is misappropriated. While federal law provides the primary framework for intellectual property protection, Oregon state law can offer additional remedies and enforcement mechanisms for intellectual property rights within the state.