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ARTICLE · 03 JUNE 2014

When Are Trade Secrets Protected Under Florida Non-Compete Agreements?

Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements.

United StatesIntellectual Property

Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas, patterns, compilations, programs, methods or processes which derive their economic value from not being readily known to others. Further, the secrecy of a trade secret must be reasonably maintained under the circumstances. See Fla. Stat. § 688.002(4), defining trade secrets. Florida courts often define a trade secret as information that has value by not be readily available to others and which there has been reasonable efforts made to maintain the trade secret's secrecy. See American Red Cross v. Palm Beach Blood Bank, Inc., 143 F.3d 1407, 1410 (11th Cir. 1998).

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