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

None

Examination

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: Introduction (Case-based class) - What is intellectual capital? What is protectable as a trade secret?          Protecting intellectual capital through regular IP law Know-how in foreign markets (Case-based class) US Trade Secrets Law I US Trade Secrets Law II (Case-based class) Trade Secrets Law in Europe I Trade Secrets Law in Europe II Non-Compete Clauses (Case-based class) US-EU Comparison TRIPS The Economics of Trade Secrets I The Economics of Trade Secrets II The Economics of Trade Secrets III 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