Many people tend to confuse trade secrets with other types of intellectual property, such as patents, trademarks, and copyrights. Do you know how do trade secret laws work in Florida? Keep reading to find out.
Florida Uniform Trade Secrets Act – An Introduction
The Uniform Trade Secrets Act (UTSA) was first proposed in 1979 by the Uniform Law Commission. Originally conceived to codify and propose a standard set of basic common law principles of trade secret protections, it was amended in 1985.
Florida adopted UTSA’s provisions in 1988, adopting its own particular version with slight modifications to Florida Statutes Chapter 688.
Florida Uniform Trade Secrets Act – As Provided by Law
Florida Statutes §688.002 (4) defines a trade secret as “information, including a formula, pattern, compilation, program, device, method, technique, or process that:
- Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
- Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy”
In Florida, the statutory definition of the term “misappropriation” refers to the:
- “Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means, or
- Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of the trade secret”
Misappropriation may also happen if that person “knew or had reason to know that her or his knowledge of the trade secret was:
- Derived from or through a person who had utilized improper means to acquire it
- Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use
- Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use, or
- Before a material change of her or his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake”
How Do Trade Secret Laws Work in Florida? – A Realistic Overview
In most cases, misappropriation claims are dismissed out early on due to the plaintiff’s failure to establish the necessary elements for an appropriate trade secret litigation.
Considering the statutory definition is complex, it is crucial to consult with an experienced trade secret attorney to identify whether your case has the necessary elements for a litigation. With the guidance of an expert attorney, the plaintiff must:
- Identify whether the information constitutes a trade secret
- Establish the exclusive ownership of the information that constitutes a trade secret
- Establish that the information has independent economic value because it is “not generally known”
- Establish that the value of the information derives from it “not being readily ascertainable by proper means”
- Demonstrate the reasonable efforts involved in maintaining the secrecy of the information
- Plead in court to prove the misappropriation of the trade secret
Florida Trade Secrets Law – Contact Attorney Romy B. Jurado Today
Waste no time with uncertainty – get in touch with Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] for expert legal guidance.
