Intellectual Property in Florida
Intellectual property (IP) encompasses legal rights protecting creations of the mind, including inventions, brands, creative works, and confidential business information. While IP law is primarily federal, Florida provides additional state-level protections, particularly for trade secrets and trademarks.
Categories of IP
- Patents: Inventions and processes (federal; 20-year protection)
- Trademarks: Brand names, logos, slogans (federal Lanham Act + Florida Chapter 495)
- Copyrights: Original works of authorship (federal; life + 70 years)
- Trade secrets: Confidential business information (Florida FUTSA, Sections 688.001-009)
Florida Trade Secret Protection (FUTSA)
- Information must derive value from secrecy
- Reasonable efforts to maintain secrecy required
- Remedies: injunction, actual damages, 2x exemplary damages for willful misappropriation
- Attorney fees for willful and malicious conduct
- 3-year statute of limitations from discovery
Business Transaction Impact
- IP assets may comprise major portion of acquisition value
- Due diligence must verify ownership, registration, and enforceability
- Employment agreements should include IP assignment clauses
- Non-competes (Section 542.335) protect trade secrets and relationships
Related Terms
- Non-Compete Agreement — Post-employment IP protection
- Contract — IP licensing and assignment
- Intangible Property — Non-physical assets
Barnes Walker Business Law
Barnes Walker’s attorneys advise on IP protection, licensing, and enforcement in business transactions throughout Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC