The course aims to provide students with the most important principles of the intellectual property law and of the law governing firms in the marketplace. A specific focus will be given to the most relevant regulations for commerce, also at the European and international levels. At the end of the course the students will have acquired the essential tools of the mentioned disciplines and the ability to apply them in both domestic and cross-border entrepreneurial operations.
1) Introduction to intellectual property law and to the law governing firms in the marketplace.
a) The legal and economic concepts of firm, market and competition
b) Objectives pursued and interests protected by law
c) The distinction between national law, the European Union and international law
2) Distinctive signs of the company. Trademark, firm and business name.
a) The sources of law
b) types of trademarks.
c) The right to trademark and its legal protection
d) the circulation of trademarks
e) The firm and the other distinctive signs
3) Intellectual creations. Protected creations, inventions, patents.
b) Creations with technological content
c) Inventions; definition and distinctions
d) the law of patents. Rights.
e) Requirements for legal protection
4) Drawings and models
a) EU and national regulation.
b) Definitions and distinctions
c) registration requirements
5) Unfair competition
a) protection of competitors and consumers
b) EU regulation on unfair business-to-consumer commercial practices
c) unfair competition in the Italian civil code
d) professional correctness in the case-law
a) sources of law: from the constitution to the private auditing
b) misleading advertising
c) comparative advertising
|Vanzetti & Di Cataldo||Manuale di diritto industriale||2018|
Students will have to answer three/four questions and will be graded on the basis of two criteria:
1) ability to demonstrate: a) the knowledge of the relevant legislation and jurisprudence and of the relative doctrinal analysis; and b) the comprehension of the fundamental notions and general principles and above all of the underlying 'logic' of the subject learned during the lessons and by the study of the texts (eg, what objectives are pursued by the legislator, what public interests come into play, what are the basic general legal principles, what is the role of the various institutional actors, what are the macro-changes that took place in the legal framework).
2) ability to use the correct technical legal terms.