32425 - Intellectual Property Law

Learning outcomes

The student possesses the theoretical and practical tools needed to apply intellectual property law within the business context.

Course contents

The course is structured into two modules.

Module 1 will be introductory in nature and will be devoted to the examination of the fundamental principles of copyright law, as they emerge from international, European Union, and domestic legal frameworks.

Module 2 will be seminar-based and will focus on selected technology-related issues.

In particular, the second module will address the following topics:

• linking, framing, and embedding from an intellectual property perspective;
• liability of Internet service providers;
• DRM and technological protection measures;
• legal protection of databases;
• legal protection of software and algorithms between copyright, patent law, and trade secrets;
• training of artificial intelligence systems;
• protectability of creative outputs generated by, or with the assistance of, artificial intelligence systems;
• contracts and licences.

Readings/Bibliography

Both attending and non-attending students are required to study the following text:

- G. SPEDICATO, Principi di diritto d’autore, II edizione, Bologna, Il Mulino, 2025.

With regard to the topics covered in Module 2, the textbook may be supplemented by other relevant materials, which will be indicated by the lecturer from time to time during class and uploaded afterwards to “Virtuale”, the University of Bologna’s e-learning platform.

Teaching methods

The topics covered by the program will be deepened and discussed in the classroom starting from the analysis - guided by the teacher - of the relevant rules and through the illustration of case law and contractual models.

Attending students will be actively involved in the discussion in order to develop the necessary hermeneutic and critical skills for a correct approach to the subjects of positive law. This will be particularly evident in the case of case law, where students will be asked to examine the way in which the rules are used to support the opposing theses of the parties in question and to extract the legal principles and their implications from the maxims affirmed.

Assessment methods

Attending students will be evaluated on the basis of: (a) their active participation in the classroom, particularly during workshop lessons and (b) the result of a written test, according to the following parameters.

(a) Active participation in the classroom: 0 to 8 points (0 to 2 points for no or poor participation; 3 to 4 points for limited or sufficient participation; 5 to 7 points for fair, good or very good participation; 8 points for excellent participation).

(b) Written test (maximum time available 90 minutes) consisting of:

• 10 closed-ended questions (multiple choice), with three possible answers, of which only one is correct;
• 2 open-ended questions.

The final grade is the sum of the following scores:

• 1 point for each correct answer to the 10 closed-ended questions [There are no penalties for those who do not answer one or more closed-ended questions correctly or at all];
• 1 to 6 points for each correct answer to the 2 open-ended questions [More specifically, 1-2 points will be awarded in case of a sufficient or little more than sufficient answer, which denotes a limited critical ability and a certain difficulty in the use of technical-legal language; 3-4 points in case of a fair or good answer, which denotes a fair or good critical ability, and a fair or good use of technical-legal language; 5-6L points in case of a very good or excellent answer, which denotes a remarkable critical ability and a full mastery of technical-legal language].

For non-attending students, the exam of Intellectual Property Law will be exclusively oral, with four open questions on the above-mentioned texts. The evaluation of the test will be carried out taking into consideration the knowledge of the subject, the ability to analyze the jurisprudential and doctrinal orientations, the ability to make connections between the different parts of the program, the ability to develop critical arguments, the articulation and accuracy of the exposition. The assignment of the final grade will be based on the following criteria:

• sufficient or little more than sufficient preparation on the topics covered, limited critical ability, difficulty in the use of technical-legal language: grade 18-21;
• fair or fairly good preparation on the topics covered, fair critical ability, good use of technical and legal language: grade 22-25;
• good or more than good preparation on the topics dealt with, good critical ability, mastery of technical-legal language: grade 26-29;
• substantially exhaustive preparation on the topics covered, excellent critical ability, full mastery of technical and legal language: grade 30-30L.

For the purposes of the exam, students attending no less than 75% of the total hours of class will be considered to be attending.

To register for the exams it is necessary to use the AlmaEsami system. Late registrations with respect to the deadlines indicated on AlmaEsami and/or off-list registrations are not admitted.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools can communicate their needs to the teacher in order to be directed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giorgio Spedicato