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2014/2015  KAN-CJURV7076U  Trade Secrecy: Regulating and Protecting Confidential Information

English Title
Trade Secrecy: Regulating and Protecting Confidential Information

Course information

Language English
Course ECTS 7.5 ECTS
Type Elective
Level Full Degree Master
Duration One Semester
Course period Autumn
Timetable Course schedule will be posted at calendar.cbs.dk
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 09-04-2014
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
Trade Secrecy: Regulating and Protecting Confidential Information:
Exam ECTS 7,5
Examination form Written sit-in exam
Individual or group exam Individual
Assignment type Written assignment
Duration 4 hours
Grading scale 7-step scale
Examiner(s) Internal examiner and external examiner
Exam period May/June
Aids allowed to bring to the exam Limited aids, see the list below and the exam plan/guidelines for further information:
  • Aids to be decided
Make-up exam/re-exam
Another examination form
Oral exam without preparation
Course content and structure
This course gives the basics of legal regulation of trade secrets. 

Know-how and intellectual capital play an ever increasing role in modern economy. Maintaining competitive advantage over other businesses implies a good knowledge of how trade secrets can be protected. 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.
Further Information
Changes in course schedule may occur
Thursday 09.50-12.25, week 36-41, 43-47
Last updated on 09-04-2014