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Who creates and owns ideas around Oxford
Insight Park is a 19 acre research and business park at the western edge of the University of Mississippi campus in Oxford. Its centerpiece building has 62,000 square feet of Class A office space, wet and dry labs and shared meeting space. The park lists startups, established companies, research labs and nonprofits as occupants, so the work there ranges from new companies to research groups.
Registering a business and a name in Mississippi
Business entity filings and trademark filings are handled by the Secretary of State’s Business Services and External Affairs office. A trademark can be registered with the Mississippi Secretary of State (Miss. Code Ann. 75-25-5), and a state registration gives rights under that registration, separate from federal registration under 15 U.S.C. 1051 and from rights that come from using a mark. Under Mississippi’s Uniform Trade Secrets Act, a misappropriation claim must be brought within three years after the misappropriation is discovered or, with reasonable diligence, should have been discovered (Miss. Code Ann. 75-26-13). The Mississippi page covers the state as a whole.
Courts, clocks and the basics
Some time limits come from federal statutes and apply in Oxford as in any other city. Patent infringement damages cannot be recovered for infringement committed more than six years before the complaint is filed (35 U.S.C. 286), which limits damages rather than setting a deadline to sue, and a copyright claim generally has to be brought within three years after it accrued (17 U.S.C. 507(b)). Before an infringement suit over a United States work can be filed, the copyright generally must be registered, or refused registration by the Copyright Office (17 U.S.C. 411(a)). A claim for patent infringement can be filed only in federal court (28 U.S.C. 1338(a)), and the owner of a misappropriated trade secret can sue in federal court under 18 U.S.C. 1836(b) when the secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.
Lafayette County, where Oxford sits, is in the Oxford Division of the United States District Court for the Northern District of Mississippi (28 U.S.C. 104(a)). The Northern District lists its Oxford courthouse as the Federal Building, 911 Jackson Avenue East, Oxford, MS 38655. An attorney should confirm the division for your matter.
Protecting your work in Oxford? Get matched with an attorney now.
Local offices to know about
The University of Mississippi’s Office of Technology Commercialization, which is located at Insight Park, describes its mission as to stimulate, protect, manage and transfer intellectual property from the university to the private sector. If your idea came out of work at the university, the university’s intellectual property rules may apply, so ask an attorney how they affect you before you share or file anything.
Was your work copied or your brand used without permission? Talk to an attorney in Lafayette County.
Frequently Asked Questions
Which federal court hears a case from Oxford?
The United States District Court for the Northern District of Mississippi. 28 U.S.C. 104 places Lafayette County in its Oxford Division, and the court lists its Oxford courthouse as the Federal Building, 911 Jackson Avenue East, Oxford, MS 38655. Federal venue rules decide whether a particular dispute belongs in that court, so an attorney should confirm the court and the division for your matter.
Can a patent infringement case be filed in a Mississippi state court?
A claim for patent infringement can be filed only in federal court (28 U.S.C. 1338(a)), so an infringement claim from Oxford cannot be filed in a Mississippi state court. An attorney can confirm which federal court your claim belongs in.
What is Insight Park in Oxford?
Insight Park is a 19 acre research and business park at the western edge of the University of Mississippi campus. Its centerpiece building has 62,000 square feet of Class A office space, wet and dry labs and shared meeting space, and the park lists startups, established companies, research labs and nonprofits as occupants.
What does the University of Mississippi’s Office of Technology Commercialization do?
The office is located at Insight Park. It describes its mission as stimulating, protecting, managing and transferring intellectual property from the university to the private sector. If your idea came out of university work, ask an attorney how the university’s rules affect you before you share or file anything.
Does a Mississippi trademark registration give me federal protection?
Not by itself. A state registration is separate from federal registration under 15 U.S.C. 1051, which is a different filing with the USPTO. Business entity and trademark filings are handled by the Secretary of State’s Business Services and External Affairs office, and the registration statute is Miss. Code Ann. 75-25-5.
How long do I have to bring a trade secret claim in Mississippi?
Mississippi’s Uniform Trade Secrets Act sets a three year limit, counted from when the misappropriation is discovered or, with reasonable diligence, should have been discovered (Miss. Code Ann. 75-26-13). A lawyer can tell you when your own clock started.
Start with a conversation
Before a first conversation with an intellectual property attorney, write down what the idea, name, invention or work is, when it was first made or first used, and any papers you signed with an employer or a partner. Ask the attorney which kinds of protection fit your situation and which time limits could matter. People in Water Valley, Batesville or Holly Springs can read pages written for their own towns, injury claims are covered on the Oxford personal injury attorney page, and readers outside Mississippi can start from intellectual property attorneys across the country. If you want to talk through your situation, you can get matched with an intellectual property attorney using the form at the top of this page.
