IP Clauses in Contracts

2. Florida Legal Context

Florida businesses must draft IP clauses carefully to comply with both state and federal laws:

• Work for Hire (Copyright Act, 17 U.S.C. §101): Unless specified, contractors own the copyrights to works they create. A written agreement is required to transfer ownership.
• Trade Secrets (Fla. Stat. §§688.001–688.009): IP clauses should include confidentiality and non-disclosure obligations to protect sensitive information.
• Non-Competes and Non-Solicitation (Fla. Stat. §542.335): Contracts may include clauses restricting use of IP by former employees or contractors, if reasonable.
• Trademarks and Patents: Licensing agreements must comply with federal trademark and patent laws.

In Florida, courts will enforce IP clauses if they are clear, specific, and not overly broad.

3. Real-World Application

Examples of IP clauses in Florida contracts:

• A Tampa marketing agency includes a “work for hire” clause in independent contractor agreements to ensure logos and ad copy belong to the agency.
• A Miami software company uses NDAs and IP ownership clauses to protect source code created by developers.
• An Orlando franchise agreement licenses trademarks and trade dress to franchisees with clear usage limits.

4. Why It Matters for Business Owners

IP clauses are essential to prevent ownership disputes and protect business assets.

Why they matter:

• Clarify ownership: Ensures the business — not the individual worker — owns creations.
• Protect trade secrets: Contracts can require confidentiality and restrict unauthorized use.
• Enable growth: Licensing clauses allow safe franchising, partnerships, or joint ventures.
• Avoid litigation: Clear clauses reduce lawsuits over who owns IP rights.

Common mistakes Florida businesses make:

• Assuming employees automatically assign IP to the company (they don’t without clear language).
• Using vague or generic contract language that doesn’t specify IP ownership.
• Failing to require NDAs before sharing trade secrets.
• Forgetting to address IP rights in vendor or partnership contracts.

5. Real-World Florida Examples

• A Sarasota design firm avoided a lawsuit by including a “work for hire” clause in all designer contracts, ensuring client work remained firm property.
• A Jacksonville startup lost control of its software code after failing to include IP assignment clauses in agreements with outside developers.
• A Fort Lauderdale restaurant franchise grew statewide by using trademark licensing clauses to protect its brand identity.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we draft and review contracts to ensure your IP is secure. Our services include:

• Drafting employment and contractor agreements with enforceable IP clauses
• Preparing NDAs and confidentiality agreements to safeguard trade secrets
• Negotiating licensing agreements for trademarks, copyrights, and patents
• Advising on IP clauses in partnership, M&A, and franchise contracts
• Enforcing IP rights in Florida courts when contracts are breached

We make sure your contracts protect your business’s most valuable assets — its ideas, branding, and innovations.

7. FAQs (Frequently Asked Questions)

Q: Do employees automatically assign IP to the company?
A: Not always. Florida businesses must use written contracts with clear IP ownership language.

Q: What’s a “work for hire” clause?
A: A clause that ensures works created by employees or contractors are owned by the company, not the individual.

Q: Can I license my trademark to others?
A: Yes, but licensing clauses must be carefully drafted to protect quality control and brand reputation.

Q: What happens if I don’t include IP clauses in contracts?
A: You risk losing ownership of logos, software, creative works, or confidential information.

Q: Why hire a lawyer for IP contract clauses?
A: A lawyer ensures ownership is clear, clauses are enforceable, and your business avoids costly disputes.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.