Trade Secrets, Competition Law and Protection of TCE

Trade Secrets, Competition Law and Protection of TCE

1 Concept of Trade Secret and Modes of Guarding Trade Secrets

  1. Significance of Trade Secret
  2. What is a Trade Secret?
  3. Modes of Protection of Trade Secrets

2 Trade Secrets- Paris Convention and TRIPS Agreement

  1. Paris Convention
  2. TRIPS Mandate on Trade Secrets
  3. Article 39(2)
  4. Article 39(3)

3 Protection of Trade Secrets in India

  1. Protection of Trade Secrets under National Laws
  2. Protection of Trade Secrets in India
  3. Judicial Approach to Trade Secrets in India

4 Protection against Unfair Competition in India

  1. International Protection Against Unfair Competition
  2. National Protection Against Unfair Competition
  3. Legal Framework Against Unfair Competition in India
  4. Judicial Perspective on Specific Categories of Unfair Trade Practices

5 Rationale of Competition Law in India

  1. Competition Competitiveness and Economic Development
  2. Multilateral Regime Regarding Competition Law
  3. Competition Policy and Competition Law
  4. Rationale of Competition Law
  5. Objectives and Benefits of the Competition Policy and Law
  6. MRTP Regime in India
  7. Need for Change in the Law
  8. Raghavan Committee Report
  9. Enactment of the Competition Act; 2002
  10. Comparison between MRTP Act and the Competition Act
  11. Amendments vide Competition (Amendment) Act 2007
  12. Towards National Competition Policy

6 Competition Act, 2002

  1. Wide Coverage and Nature of the Act
  2. Authorities under the Act
  3. Anticompetitive Agreements (Section 3)
  4. Abuse of Dominance (Section 4)
  5. Combinations (Section 5 and 6)
  6. Other Important Provisions of the Act

7 Interaction between Competition Law and IP Law

  1. Objectives of IP Law
  2. Objectives of Competition Law
  3. Multilateral Provisions
  4. International Experience from Developed Jurisdictions
  5. Interface between IP Law and Competition Law in India
  6. Anti-competitive Agreement and IPRs
  7. Abuse of Dominant Position and IPRs
  8. Combinations and IPRs

8 Issues at the Interface of Competition Law and IP Law

  1. TRIPS Provisions
  2. Restraint of Trade and IP Licensing
  3. Parallel Imports and Principle of Exhaustion
  4. Cooperative Arrangements between IP Holders
  5. Issues in Online Markets
  6. Essential Facilities Doctrine and IP
  7. Compulsory Licensing
  8. FRAND Licensing

9 Significance of and Reasons for Protecting TCE

  1. Reasons for the Debate on TCEs
  2. Meaning of the Term ‘TCEs’
  3. Characteristics of TCEs
  4. Subject Matter Covered under TCEs

10 WIPO and UNESCO and CBD

  1. Joint Efforts by WIPO and UNESCO
  2. Initiatives taken by WIPO for the Protection of TCEs
  3. Initiatives taken by UNESCO for the Protection of TCEs
  4. CBD and Protection of TCEs

11 Current International Efforts for the Protection of TCE

  1. WIPO – Intergovernmental Committee
  2. General Guiding Principles of the WIPO- IGC
  3. Documentation of TCEs
  4. Creative Heritage Project
  5. Indian Stand in IGC on Protection of TCEs

12 Global Issues in the Protection of TCE

  1. Issues Identified by IGC WIPO
  2. Role and Position of Traditional and Indigenous Communities
  3. Effect of Globalisation and Technological Advancement
  4. Sui Generis System for Protection