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2013/2014  KAN-CMJ_J76  Law and Theory of Trade Secrecy

English Title
Law and Theory of Trade Secrecy

Course information

Language English
Exam ECTS 7.5 ECTS
Type Elective
Level Full Degree Master
Duration One Semester
Course period Autumn
Changes in schedule may occur.
Thursdays 8-9.40, week 36-51
Time Table Please see course schedule at e-Campus
Study board
Study Board for BSc/MSc in Business Administration and Commercial Law, MSc
Course coordinator
  • Andrej Savin - Law Department (LAW)
Coordinating secretay: Susie Lund Hansen - slh.jur@bs.dk
Main academic disciplines
  • Business Law
  • Innovation and entrepreneurship
Last updated on 15-03-2013
Learning objectives
After following this course, the students should be able to:
  • Identify the legal methods for protecting know-how, trade secrets and confidential information
  • Learn to operate in different legal environments, understanding the risks and benefits involved
  • Write non-compete and other important contractual clauses
  • Understand the pros and cons of litigation in civil courts
  • Understand the basic economic principles behind trade secrets regulation
Course prerequisites
Law and Theory of Trade Secrecy:
Examination form Home assignment - written product
Individual or group exam Individual
Size of written product Max. 5 pages
Assignment type Case based assignment
Duration 24 hours to prepare
Grading scale 7-step scale
Examiner(s) Internal examiner and external examiner
Exam period May/June
Make-up exam/re-exam
Same examination form as the ordinary exam
Course content and structure
Know-how and intellectual capital play an ever increasing role in modern economy. Maintaining competitive advantage over other businesses implies a good knowledge of the mechanisms that law offers. This course focuses not on the standard ways of protecting intellectual capital (through intellectual property rights) but instead on trade secrecy, know-how and confidential relationships.

The course gives the basic elements of regulating trade secrets, analyses American, European and international regulatory environments and teaches the basic of law & economics analysis of trade secrets regulation.

The topics are the following:
  1. Introduction (Case-based class) - What is intellectual capital?
  2. What is protectable as a trade secret?         
  3. Protecting intellectual capital through regular IP law
  4. Know-how in foreign markets (Case-based class)
  5. US Trade Secrets Law I
  6. US Trade Secrets Law II (Case-based class)
  7. Trade Secrets Law in Europe I
  8. Trade Secrets Law in Europe II
  9. Non-Compete Clauses (Case-based class)
  10. US-EU Comparison
  11. TRIPS
  12. The Economics of Trade Secrets I
  13. The Economics of Trade Secrets II
  14. The Economics of Trade Secrets III
  15. The Economics of Trade Secrets IV (Case-based class)
Teaching methods
The teaching consists of regular lectures and case-based classes. Active class participation is required even in lecture classes as teaching is often based on exchange of opinion. Small group discussion will be used. There are five case-based classes mostly based on Harvard-developed cases. These require previous reading and analysis.
Last updated on 15-03-2013