New York law
Intellectual Property Laws in New York.
Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). New York provides state-law trademark registration, common-law trademark protection, and trade-secret protection — notably, New York has NOT adopted the Uniform Trade Secrets Act (relying instead on common law and the Defend Trade Secrets Act federally). New York has among the most sophisticated IP litigation bars in the U.S., with the Southern District of New York (Manhattan) as a leading venue for copyright, trademark, and commercial IP disputes.
Last verified: 2026-04-17
State law
Key New York Statutes
Patents are entirely federal.
Copyright protection attaches automatically upon fixation.
Federal trademark registration through the USPTO provides nationwide priority. S.D.N.Y. is a leading trademark-litigation venue given NYC's concentration of brand owners.
State-level trademark registration through the New York Department of State.
New York has NOT adopted the Uniform Trade Secrets Act. Instead, common-law trade-secret protection follows the traditional Restatement of Torts § 757 factors. The federal Defend Trade Secrets Act (2016) provides a parallel federal civil cause of action.
New York protects the right of publicity against unauthorized commercial use of name, picture, voice, or signature. 2020 amendments added post-mortem protections for deceased performers (40 years) and restrictions on unauthorized deepfake-style content.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.
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