66608 - Intellectual Propriety and Bioethics

Learning outcomes

Learning of the EC and national provisions on biotechnological inventions and patents, plus related questions on patentability of plants or animals (also in the U.S), in connection with the (bio)ethical problems arising from this new kind of private ownership.

Course contents

The course is divided in a first part, dealing with biotech inventions and plant varieties in Italian ad EU Patent Law.

The second concerns the study of theoretical and normative models of medical, animal and environmental bioethics applied to ethical-legal issues related to the development of emerging biotechnologies (with specific focus on the reproductive revolution, scientific research and trials, genetic engineering, protection of the environment and animal trials).

Readings/Bibliography

Intellectual Property Syllabus

MUSSO, Brevetti per invenzioni industriali e modelli di utilità, Zanichelli, Bologna, 2013, pages 1-332 and 336-370.

The text in footnotes is not requested for the exam, being useful only in case of dissertations.

Bioethical Syllabus

"Biotecnologie e modificazioni genetiche. Scienza, etica e diritto" (G. Capranico, M. Balistreri, M. Galletti, S. Zullo, eds.), Il Mulino, Bologna, 2020, available end of March 2020.

Teaching methods

Due to the legal nature of the subject-matter, attending lectures is not compulsory, but strongly suggested, if possible.

Teaching explanations of ethical and legal subject-matter will be possibly dialogic, i.e. interconnected with the students' particular questions or requests.

Assessment methods

For both attending and non-attending students, the exam takes place in oral form, and consists of 3-4 open questions (for each module) on the entire program.

The evaluation of the exam will be carried out taking into consideration the knowledge of the principles of Intellectual Property and Bioethics, the ability to analyze the different interpretative guidelines, the ability to make connections between the different parts of the program, the ability to develop critical arguments, the articulation of exposure, the exposure accuracy.

Without prejudice of the foregoing, all students, both attending and non-attending, will be free to choose (in an entirely optional way) to take a written intermediary test (at the end of the course). This written test will consist of a test of 30 closed-answer questions (multiple choice), with three possible alternative answers, one of which is correct. The mark is obtained by adding the number of correct answers. The exam is passed with at least 18 correct answers on 30 questions.

In case of failure to pass the written test or refusal to accept the mark, the student will be required to take the oral exam on the entire program - and in the manner indicated above - in one of the subsequent exams.

Students who will pass the in itinere test must also pass the final oral exam, but only with one question for each subject-matter (Intellectual Property and Bioethics) for mere confirmation of the previous mark.

The oral exam and the in itinere test will be available for attending students and not-attending students or students of previous years (in any case according to the contents and the recommended readings above indicated).

The students of past years are strongly suggested to comply with the recommended readings and other teaching tools for the present year.

Teaching tools

Besides recommended readings and provisions (in particular, Legislative Decree, No 30/2005, and further amendments, secc. 45 et seq.), lectures will also deal with National, international and European case law on the subject-matter.

Students who, due to disability or specific learning disorders (DSA), need compensatory tools shall communicate to the teacher their needs so as to be directed to the relevant persons and agree on the adoption of the most appropriate measures.

Office hours

See the website of Alberto Musso

See the website of Silvia Zullo