Annexure ‘CD – 01’

FORMAT FOR COURSE CURRICULUM

L T P/S SW/FW No. of TOTAL

PSDA CREDIT
Course Title: Trade Secret and Technology Transfer Credit Units: 3 UNITS
3 0 0 0 0 3
Course Level: UG Course Code: LAW 432

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

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

Course Contents/Syllabus:
Weightage (%)
Module I Introduction to Trade Secrets
 Meaning, Definition and Importance of Trade Secret;
 History of Trade Secrets;
 Theory of Protection and Conflict with Patent Law;
20%
 Subject matter of Trade Secret;
 Trade Secret Characteristics;
 Difference between Trade Secret and Confidential Information;
 Trade Secret vis-à-vis Trade Knowledge;
 Data Exclusivity and Trade Secrets
  Trade Secrets and Intellectual Property: The Patent-Trade Secret Interface
Module II: Protection of Trade Secret
 Conditions for Protection: Protectable Subject Matter, Economic Value, Secrets versus Public Knowledge,
Reasonable Effort to Maintain Secrecy;
 Legal Tools to Protect Trade Secrets: Unfair Competition Law/ Principles of Tort, Contract law, Criminal law;
 International Legal Protection: NAFTA, GATT & TRIPS Agreement; 30%
 Protection of Trade Secrets: International perspectives: The United States, the United Kingdom, the European
Union and China;
 National Perspective: Protection to Confidential Information – Need for legislation – National IPR Policy
 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

 Stealing Trade Secret-Industrial Espionage, Insider Trading;

 Establishing Trade Secret Violation: Misappropriation, Duty of Confidentiality, Restrictive Covenants; 20%
 Third Party Liabilities;
 Legal Remedies;
 Exemplary Trade Secret Cases.

Module IV: Technology Transfer

 Meaning, Definition and Scope of Technology Transfer;
 Technology Transfer Agreements;
 Types of Technology Transfer Agreements: Confidential Disclosure Agreement (CDA), Material Transfer
Agreement (MTA), Clinical Trial Agreement (CTA), Cooperative Research and Development Agreement
(CRADA); 30%
 IPR as a Tool for Promoting Technology Transfer
 Technology Transfer Among Labs in Government/Non-Profit/Academic Institutions and Industries;
 Technology Transfer between Countries; Technology Transfer and Climate Change
 Technology Transfer - National and International perspectives: TRIPS Agreement, Position of the United States,
United Kingdom and European Union on Technology Transfer; India’s position on Technology Transfer: The
Protection and Utilisation of Public Funded Intellectual Property Bill, 2008.

Course Learning Outcomes:

At the end of completion of this course, student will be able to:

  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.
 Evaluate the role of IPR in technology transfer and techno-legal issues relating to it

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

List of Professional Skill Development Activities (PSDA):

NA

Lab/ Practicals details, if applicable:

NA

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%)

100% 0%

Theory Assessment (L&T):

Continuous Assessment/Internal Assessment End Term Examination
( 30%) (70 %)
Components (Drop down) Mid-Term Exam Project Viva Attendance

Linkage of PSDA with NA NA NA NA

Internal Assessment
Component, if any
Weightage (%) 10% 10% 5% 5% 70%

Lab/ Practical/ Studio Assessment:

 Continuous Assessment/Internal Assessment End Term Examination
(____ %) (____ %)

Components (Drop down NA NA NA NA NA NA NA

Weightage (%) NA NA NA NA NA NA NA

Bloom’s Level > Remembering Understanding Applying Analysing Evaluating Creating

Course Learning Explain the basic Interpret the laws Analyze the practices Evaluate the
Outcomes concept of trade relating to trade relating to trade secret role of IPR in
- secret and secret and and technology technology
technology transfer technology transfer transfer in different transfer and -
and its relevance in jurisdictions, techno-legal
the technological particularly in India issues relating
Assessment type world and at the international to it
level.

Mid-Term Exams    
Project    
Viva    

Text Reading:
 B. L. Wadehra, Law Relating to Intellectual Property, Universal Law Publishing, 2016 (5th Edition)
 P. Narayanan, Intellectual Property Law, Eastern Law House, 2018 (3rd Edition)
 Sreenivasulu N.S., Intellectual Property Law- Dynamic Interfaces, Lexis Nexis, 2017 (1st Edition)
 V. K. Ahuja, Law Relating to Intellectual Property Rights, Lexis Nexis, 2017 (3rd Edition)
References:
 Annamária Inzelt and Jan Hilton ed., Technology Transfer: From Invention to Innovation, Springer (1st Edition)
 Darin W. Snyder and David S. Almeling, Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategy, Oxford University Press, 2012
(1st Edition)
 David Quinto and Stuart Singer, Trade Secrets: Law and Practice, Oxford University Press, 2012 (2nd Edition)
 Elizabeth Rowe and Sharon Shandeen, Cases and Materials on Trade Secret Law, West Academic Publishing, 2017 (2nd Edition)
 Goel Cohen, Technology Transfer: Strategic Management in Developing Countries, SAGE Publications Pvt. Ltd, 2004 (1st Edition)

Additional Reading:

 Journal of Intellectual Property Rights (NISCAIR)

 Oxford Journal of Intellectual Property Law & Practice
 The WIPO Journal