Trade Secrets and Restrictive Covenants

This seminar is an introduction to lesser known intellectual property rights. It is intended to provide an introduction to trade secrets and restrictive covenants such as non-solicitation, non-circumvention and non-competition agreements. The goal is to provide the lay person and the non-IP practitioner with a basic knowledge of how to use these rights. Seminar level is BASIC.

Topics include:

I. General Principles of Trade Secret Law.

A. Florida Law Governing Trade Secrets.

B. Uniform Trade Secret Act.

C. How to Preserve Trade Secrets.

D. Do’s and Don’ts of Trade Secret Protection.

II. General Principles Governing Restrictive Covenants and Contracts in Restraint of Trade.

A. Non-Circumvention Agreements and Provisions.

B. Non-Solicitation Agreements and Provisions.

C. Non-Competition Agreements and Provisions.

1. Legitimate Business Interests.

2. Trade Secrets.

3. Access to Special Information.

4. Significance of Information to the Industry.

5. Length of Restriction.

6. Geographic Scope of Restriction.

7. Channels of Trade Restriction.

8. Reconstructing Agreements.

III. Protection at the Federal Level.

IV. Trade Secrets vs. Patents.

V. Points in Drafting Restrictive Agreements.