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North Carolina law

Intellectual Property Laws in North Carolina.

Most intellectual property law is federal: patents (35 U.S.C.), copyright (17 U.S.C.), and federal trademarks (15 U.S.C.). North Carolina provides state-law trademark registration through the Secretary of State, common-law trademark protection, and trade-secret protection under the North Carolina Trade Secrets Protection Act. Patent and federal trademark matters are litigated in the U.S. District Courts for the Eastern (Raleigh), Middle (Greensboro), and Western (Charlotte) Districts of North Carolina. The Middle District's relationship with Research Triangle Park pharma/biotech industry produces an active IP docket.

Last verified: 2026-04-17

State law

Key North Carolina Statutes

Federal Patent Law35 U.S.C.

Patents are entirely federal.

Federal Copyright Act17 U.S.C.

Copyright protection attaches automatically upon fixation.

Federal Trademark (Lanham Act)15 U.S.C. § 1051 et seq.

Federal trademark registration through the USPTO provides nationwide priority.

North Carolina Trademark RegistrationN.C.G.S. § 80-1 et seq.

State-level trademark registration through the North Carolina Secretary of State.

North Carolina Trade Secrets Protection ActN.C.G.S. § 66-152 et seq.

Misappropriation of trade secrets actionable with injunctive relief, damages, and exemplary damages up to 2x for willful misappropriation.

Middle District IP PracticeM.D.N.C.

The U.S. District Court for the Middle District of North Carolina (Greensboro/Durham) handles a substantial IP docket given Research Triangle Park's pharmaceutical, biotech, and technology industries.

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 North Carolina.

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