Trade Secret Law
What qualifies as a trade secret?
How do I protect my trade secrets?
A trade secret under the Florida Uniform Trade Secrets Act ("FUTSA") is information that derives economic value from not being generally known or reasonably ascertainable through lawful means by others.
What law provides protection against misappropriation of trade secrets?
There is no registration process for trade secrets. Trade secrets are protected by the owner, who must use reasonable efforts to maintain the secrecy of the information. Contact an attorney to discuss what you can do to protect your trade secret information.
Trade secret law is defined by state law. In Florida, the Florida Uniform Trade Secrets Act ("FUTSA") prohibits misappropriation and provides certain remedies.
Do trade secret rights overlap with patented inventions or copyrighted works?
In some instances, trade secrets may be present in connection with an invention or within a copyrighted work. However, because patents and copyrights are disclosed to the public, any information included in a patent application or copyright deposit material will lose any potential trade secret protection. Therefore, for copyrighted works, proprietary information must be redacted from the work prior to filing a copyright application. For inventions, the owner or inventor must make the attorney aware of the information that the inventor desires to maintain as confidential - in some instances, this is possible, in others, the owner must make a decision as to which protection they wish to proceed under.