Florida Statutes
Fla. Stat. § 1004.23 (2025)
Universities; powers; patents, copyrights, and trademarks.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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1004.23 Universities; powers; patents, copyrights, and trademarks.—Any other law to the contrary notwithstanding, each state university is authorized, in its own name, to:
(1) Perform all things necessary to secure letters of patent, copyrights, and trademarks on any work products and to enforce its rights therein. The university shall consider contributions by university personnel in the development of trademarks, copyrights, and patents and shall enter into written contracts with such personnel establishing the interests of the university and such personnel in each trademark, copyright, or patent.
(2) License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof, on a royalty basis or for such other consideration as the university shall deem proper.
(3) Take any action necessary, including legal action, to protect the same against improper or unlawful use or infringement.
(4) Enforce the collection of any sums due the university for the manufacture or use thereof by any other party.
(5) Sell any of the same and execute all instruments necessary to consummate any such sale.
(6) Do all other acts necessary and proper for the execution of powers and duties herein conferred upon the university, including adopting regulations, as necessary, in order to administer this section. Any proceeds therefrom shall be deposited and expended in accordance with s. 1004.22. Any action taken by the university in securing or exploiting such trademarks, copyrights, or patents shall, within 30 days, be reported in writing by the president to the Department of State.
Notes of Decisions
Cited in 2
cases, 2004–2013 · leading case: Florida Virtualschool v. K12, Inc., 735 F.3d 1271 (11th Cir. 2013).
Florida Virtualschool v. K12, Inc., 735 F.3d 1271 (11th Cir. 2013). “Third, other provisions of Florida law pertaining to the trademark rights of other state agencies have expressly given those agencies more explicit authority to take necessary legal action.”
Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004). “(2003) (permitting the Department of Citrus to hold legal title to copyrights); § 1004.23, Fla. Stat. (2002) (authorizing universities to secure copyrights in certain works).”
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