Annexure ‘AAB CD – 01’

FORMAT FOR COURSE CURRICULUM

Course Title: Trade Secret and Technology Transfer L T P/ SW/ TOTAL

S FW CREDI
Course Code: LAW 432 Credit Units 3 T
UNITS
2 1 - - 3

Course Objectives:
To develop basic understanding of trade secret and technology transfer and its relevance in the contemporary technology-driven world
To develop skills in the students to correlate various aspects of trade secret and distinguish it with other IPR
To explain the law and practice relating to trade secret and technology transfer in different jurisdictions and at the international level
To explain the role of IPR in technology transfer and its practical implications

Course Contents: Appended below

Pre-requisites:
The student should have general understanding of property law and commercial laws; they should also have legal aptitude to
comprehend the techno-legal problems

Student Learning Outcomes:

 Explain the basic concept of trade secret and technology transfer and its relevance in the technological world
 Interpret the laws relating to trade secret and technology transfer
 Analyze the practices relating to trade secret and technology transfer in different jurisdictions, particularly in India and at the
international level.
 Explain the role of IPR in technology transfer and techno-legal issues relating to it
.
Course Contents/Syllabus:

Module I: Introduction 20

Meaning, Definition and Importance of Trade Secret;

History of Trade Secrets;
Trade Secret Characteristics;
Subject matter of Trade Secret;
Difference between Trade Secret and Confidential Information;
Trade Secret vis-à-vis Trade Knowledge;
Trade Secrets and Intellectual Property: The Patent-Trade Secret Interface;

Module II: Protection of Trade Secret 30

Need for Protection of Trade Secret as Intellectual Property

Conditions for Protection: Protectable Subject Matter, Economic Value, Secrets versus Public Knowledge,
Reasonable Effort to Maintain Secrecy;
Theory of Protection and Conflict with Patent Law;
Legal Tools to Protect Trade Secrets: Unfair Competition Law/ Principles of Tort, Contract law, Criminal law;
International Legal Protection: NAFTA, GATT & TRIPS Agreement;
Protection of Trade Secrets: National and International perspectives- The United States, the United Kingdom, the
European Union and China;
Trade Secret Licensing: Non-Disclosure Agreement (NDA); License Grant, Prohibitions, Improvements;
Protective Safeguards and Confidentiality Policy;
Challenges and Limitations of Trade Secret Protection

Module III: Violation of Trade Secret and Remedies 20

Stealing Trade Secret-Industrial Espionage, Insider Trading;

Establishing Trade Secret Violation: Improper Means, Duty of Confidentiality, Restrictive Covenants;
Legal Remedies;
Exemplary Trade Secret Cases

Module IV: Module IV: Technology Transfer 30

Meaning, Definition and Scope of Technology Transfer;

University Industry Relationship;
Technology Transfer Agreements;
Transactional Technology-Transfer: Confidential Disclosure Agreement (CDA), Material Transfer Agreement
(MTA), Clinical Trial Agreement (CTA), Cooperative Research and Development Agreement (CRADA);
Technology Transfer and IPR: Role of Patents, Trade Marks, Copyright and Trade Secret in Technology Transfer;
Use of Patent Documents for Knowledge Transfer, Utilization of Patent Information as Technology Transfer
Tool, Use of Trade Secret as Technology Transfer Tool;
Technology Transfer among Labs in Government/Non-Profit/Academic Institutions and Industries;
Technology Transfer between Countries;
Technology Transfer: National and International perspectives-: TRIPS Agreement, Position of the United States,
United Kingdom and European Union on Technology Transfer;

Pedagogy for Course Delivery:

The course will be conducted using lectures, assignments and student writings (essays). In addition to this, students would be encouraged
to participate in seminars and make class room presentation on relevant aspects of trade secret and technology transfer.

Lab/ Practicals details, if applicable: NA

List of Experiments: NA

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

 100% NA 100%
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components (Drop P/S/V CT A C EE
down)
Weightage (%) 10 10 5 5 70
Lab/ Practical/ Studio Assessment:

Continuous Assessment/Internal Assessment End Term

Examination
Components (Drop NA NA NA NA NA
down
Weightage (%) NA NA NA NA NA

Text and References:

Text

Cornish, W. R., Intellectual Property (London: Sweet & Maxwell, 1996)

Cornish, Llewelyn & Aplin, Intellectual Property (Sweet & Maxwell, 2013)
David W. Quinto & Stuart H. Singer, Trade Secrets-Law & Practice (New York: Oxford University Press, 2012)
Robert L. Brielmaier, Trade Secret (U.K., Authorhouse, 2012)
Darin W. Synder & David S. Almeing, Keeping Secret: A Practical Introduction to Trade Secret Law and Strategy (Oxford University
Press, 2012)
Goel Cohen, Technology Transfer: Strategic Management in Developing Countries (SAGE Publications Pvt. Ltd., 2004)
Annamaria Inzelt & Jan Hilton (Eds.), Technology Transfer: From Invention to Innovation (Dordrecht: Kluwer Academic Publishers;
1999)
Dr. M.K. Bhandari, Law relating to Intellectual Property Rights, Central Law Publications
Law Relating to Intellectual Property Rights by V. K. Ahuja (latest 2013)

References
Journal of Intellectual Property Rights (NISCAIR)
The WIPO Journal
Oxford Journal of Intellectual Property Law & Practice

Mayank Kapila, Assistant Professor (Law)

Amity Law School NOIDA (ALS-I)
_______________________________
Date: 05/05/15 Name, Designation, Organisation