Trade Secrets, Data-Driven Contracting, Cross-Border Information Flow and SCOMET

Trade Secrets, Data-Driven Contracting, Cross-Border Information Flow and SCOMET

One. Basic Theme of the PPTs

The two PPTs deal with one common issue: how sensitive technology, data and know-how should be protected when they are shared across persons, organisations or countries.

Earlier, technology transfer mostly meant transfer of physical goods, machines, documents or samples. Today, technology can be transferred through email, cloud servers, online meetings, source code, algorithms, APIs, datasets, AI models, training data, technical drawings and oral explanations. Therefore, modern law has to look not only at physical export but also at intangible technology transfer.

The first PPT focuses on SCOMET and export-control regulation in India. The second PPT focuses on trade secrets in data-driven contracts, especially Data Use Agreements and Data Transfer Agreements. The PPTs specifically show that sharing sensitive technical data by email, cloud server or oral presentation may raise export-control issues, and MoUs or agreements must be checked for possible dual-use outcomes before they are signed.

PART ONE - IMPORTANT TOPIC ONE: SCOMET

Two. Meaning of SCOMET

SCOMET stands for Special Chemicals, Organisms, Materials, Equipment and Technologies. It is India's National Export Control List for sensitive and dual-use items. It covers dual-use goods, munitions, nuclear-related items, software and technology. The PPT states that the SCOMET list contains nine categories, and export licence or authorisation is required for exporting items falling in those categories.

The DGFT official SCOMET page also shows that India periodically updates the SCOMET list, including an Updated SCOMET List twenty twenty-five as on twenty-third September twenty twenty-five.