Intellectual property is a broad category of property (and the related rights) the law recognizes to enforce ownership of creative inventions—often said to be creations of the mind or of human intellect—including patents, copyrights, trademarks, and trade secrets.
Intellectual property is sometimes referred to as intangible property or rights because it often exists in a person’s mind as an intangible creation of human innovation rather than in the traditional physical forms of real property (real estate) and personal property (personal belongings).
Despite often being created and protected in intangible form in the human mind, intellectual property is often converted to a more physical or tangible form—such as when a song is written on paper or in electronic format on a computer; when a company’s trademark is placed on its website or products; or when a patented process or design is embodied in a piece of machinery or equipment.
In Michigan, as in all states, intellectual property law is primarily governed by federal statutes due to its nature of crossing state and national boundaries. Copyrights are protected under the Copyright Act, which grants exclusive rights to creators for their original works of authorship. Trademarks, which protect brand names, logos, and other identifiers, are governed by the Lanham Act. Patents, which secure an inventor's rights to their inventions, are regulated by the United States Patent and Trademark Office under the Patent Act. Trade secrets are protected under both the federal Defend Trade Secrets Act and Michigan's Uniform Trade Secrets Act. While intellectual property is inherently intangible, the law recognizes its value and provides mechanisms for protection once it is expressed in a tangible medium, such as written down or recorded. Owners of intellectual property in Michigan can enforce their rights through civil litigation and are advised to register their works, when applicable, to strengthen enforceability.