Governmental IP Protection

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Governmental IP Protection

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Government IP.  Luther Law has deep experience in obtaining trademark and other intellectual property protection for government agencies and other governmental entities.  This area of intellectual property practice presents special challenges because not all governmental entities are entitled to hold intellectual property and their right to do so will, in many circumstances, be governed by state law.  The federal government, for example, is not allowed to possess copyright rights in any material it creates under the theory that the public has paid for the work and should be entitled to use it without seeking permission under intellectual property laws.     

While some state laws are more supportive of intellectual property ownership by governmental entities, others are more hostile and require that those entities be authorized to hold intellectual property in their enabling statutes.  Our firm has made much of the law on this issue for the State of Florida, including the Florida Supreme Court’s decision authorizing the Florida Virtual School to possess intellectual property rights.  

If you are a governmental entity with questions about intellectual property rights, or, if you are in the private sector and have questions about governmental entity intellectual property rights, we can provide the guidance you need.  

The following is an example of the type of decisions we have obtained for clients: 

Airport Intellectual Property. Luther Law had engaged in significant intellectual property work for clients in international airport-related business.   From obtaining trademark and copyright rights for airports, to intellectual property licensing for airports, to litigating intellectual property issues on behalf of airports, we understand the issues the issues facing airports and those working with airports.