Sathyabama Institute of Science and Technology B.A.LL.B - B.A.LL.B. (Honours) SAL1881 Trade Secret and Technology Transfer Syllabus

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Sathyabama Institute of Science and Technology B.A.LL.B - B.A.LL.B. (Honours) SAL1881 Trade Secret and Technology Transfer Syllabus


Sathyabama Institute of Science and Technology School of Law

SAL1881 TRADE SECRET AND TECHNOLOGY TRANSFER
L T P Credit Total Marks
4 1 0 4 100

UNIT 1 – INTRODUCTION 15Hrs.
Information as property-Ingredients of trade secrets- significance- Confidential information-what makes information
confidential- obligations of confidentiality-Common law practices- Theories of protection, Theory of contractual obligation,
Spring Board theory.

UNIT 2 – INTERNATIONAL AND NATIONAL LEGISLATIONS ON TRADE SECRETS 18Hrs.
The Paris convention on industrial property and trade secrets- The TRIPS agreement- Trade secrets and contractual
relations – Trade secrets and employment contracts- Restrictive covenants in employee contracts.

UNIT 3 – MISAPPROPRIATION AND PROTECTION 18Hrs.
Misappropriation-Violation of rights -enforcement of confidential information and trade secrets under the common
law-Protection of trade secrets: Enforcement of trade secrets under the National Innovation Bill and remedies- Doctrines on
the protection of trade secrets: Doctrine of unjust enrichment or misappropriation, fiduciary relationship and duties and
obligations

UNIT 4 – IPR AND TECHNOLOGY TRANSFER 17Hrs.
Introduction- What is technology? – What does amount to transfer, need for the transfer of technology and
commercialization of intellectual property- Types of technology transfer: Technology licensing, exporting and leasing,
Consultation and opinions on technology.

UNIT 5 – TECHNOLOGY TRANSFER REGULATIONS 17Hrs.
TRIPS agreement – Convention of Biological Diversity (CBD): Prior Informed consent, Risk Assessment,
Precautionary measures and Benefit Sharing-The Biological Diversity Act of India-Transfer of patented technology- parallel
imports-importing and exporting of patented technology-Cross boarder protection and technology transfers.
Max.85Hrs.

COURSE OUTCOME:
On completion of the course the students will be able to
CO1: Understand the key concepts of international market for intellectual property, and options in technology
commercialization.
CO2: Understand how to assess technologies for their commercialization potential.
CO3: Students able to gain knowledge about trade secrets and protection of trade secrets in national and international
perspective.
CO4: Knowledge an understanding of different types of technology transfer and its importance in management of intellectual
property.
CO5: Student to be guided in international competition issues regarding technology transfer in the international market for
intellectual property
CO6: This Course will equip the students with the required Professional Skills.

TEXT/REFERENCE BOOKS
1. B.L.Wadehra, “Law Relating to Patents, Trade Marks, Copyright, Designs Geographical Indications” Universal law
Publishing Pvt. Ltd., India 2006.
2. P. Narayanan, “Law of Copyright and Industrial Designs; Eastern law House”, Delhi,2010.
3. Mark Anderson, “Technology Transfer – Law, Practice and Precedents”, Butterworths, (2003).
4. Neil F. Sullivan, “Technology Transfer – Making the Most of Your Intellectual Property”, Cambridge University Press, (1995).
5. JayashreeWatal, “Intellectual Property Rights in the WTO and Developing Countries”, Oxford University Press, 2001

END SEMESTER EXAMINATION QUESTION PAPER PATTERN
Max. Marks:100 Exam Duration: 3 Hrs.
PART A: 6 Questions to be answered out of 8 questions and each question carries 5 Marks 30 Marks
PART B: 4 questions to be answered out of 8 questions (Internal Choice) and each question carries 10 Marks 40 Marks
PART C: 2 Questions/Problems to be answered out of 4 questions/problems and each carries 15 marks 30 Marks