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 Tennessee, as in all states, intellectual property law is primarily governed by federal statutes, as the creation and enforcement of intellectual property rights are largely under federal jurisdiction. Patents are governed by the U.S. Patent Act and administered by the U.S. Patent and Trademark Office (USPTO). They protect inventors of new utilities, designs, and plant varieties. Copyrights, which are protected under the U.S. Copyright Act, cover original works of authorship including literature, music, and art. Trademarks, also overseen by the USPTO, safeguard the distinctive names, symbols, and slogans used to identify goods and services in the marketplace. Trade secrets, while not governed by a specific federal statute, are protected under the Uniform Trade Secrets Act, which has been adopted in some form by most states, including Tennessee, and the federal Defend Trade Secrets Act. Tennessee businesses and creators rely on these laws to protect their intellectual property from unauthorized use and to seek legal remedies when infringements occur.