00229 - Industrial Law

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Decent work and economic growth Industry, innovation and infrastructure Peace, justice and strong institutions

Academic Year 2019/2020

Learning outcomes

The student acquires the theoretical and operational tools to apply the discipline of intellectual property in the field of business.

Course contents

The program for the academic year 2019/2020 aims to offer the student a broad knowledge, but no less thorough, of Intellectual Property law, with a specific focus on the most recent technological and socio-economical developments of the market for innovation.

The course, notwithstanding the analysis and the deepening of the general principles of the subject-matter, is focused on the main form of IP protection, i.e.:

- patents
- trade secrets (know-how)
- industrial design
- copyright 
- trademarks

In addition to the above, for students not attending classes, the program is supplemented by the discipline of unfair competition.

Readings/Bibliography

The recommended handbook for the study of the subject matter is the following:

Aa.Vv., Diritto industriale. Proprietà intellettuale e concorrenza, V ed., Torino, Giappichelli, 2016, limited to the following parts:

  • for attending students enrolled to the Master Degree in Law: pp. (3-59), (61-67), (197-306), (309-338), (565-703);
  • for attending students enrolled to the the Degree in Legal consultant in business and public administration: pp. (3-59), (61-67), (71-178) (197-306), (309-338), (565-703);
  • for non-attending students: pp. (3-59), (61-67), (71-178), (197-306), (309-338), (341-395), (565-703). 
The above-mentioned handbook has not to be intended as a tool aimed at replacing the direct analysis of the relevant norms, but as a tool aimed at providing a systematic framework of the subject matter and an aid to the interpretation of the said norms. Therefore, it is essential to combine the study of the handbook and a direct analysis of the relevant norms of the Industrial Property Code (Legislative decree no. 30/2005) and the Copyright Act (Law no. 633/1941). An up-to-date version of both the above mentioned statutes may be downloaded from the following website: www.normattiva.it

Teaching methods

The topics covered by the program will be analyzed in depth and discussed in the classroom, moving from the reading of the relevant norms and through the illustration of the relevant case law.

Students attending classes will be actively involved in the discussion to develop the hermeneutical and critical skills necessary for a correct approach to the subjects of positive law. This will be particularly evident when case studies will be exposed and treated in class, with respect to which students will be asked to examine the way in which the rules are used to support the opposing arguments of the parties involved and to extract the legal principles, and their implications, from the legal decisions.

Assessment methods

For students attending classes, the exam takes place in oral form (4 open questions) on the above program. However, students attending classes will be able to individually agree with the teacher (i) the possibility of presenting a written dissertation to be discussed during the exam, or (ii) the possibility of preparing a PowerPoint presentation (to be illustrated during the exam). In such cases the program can, in agreement with the teacher, be correspondingly reduced.

Considering the teaching method used by teachers, and considering that the main objective of the exam is to verify not the student's mnemonic abilities, but the actual understanding of the subject matter, as well as the ability to apply the principles learned to specific cases, the teacher can admit, for attending students only,  the use of the Industrial Property Code and the text of the Copyright Law.

For non-attending students, the exam takes place exclusively in oral form (4 open questions) on the above program.

For the purposes of the exam, students attending at not less than 75% of the total lesson hours will be considered attending.

The evaluation of the test will be carried out taking into consideration the knowledge of the institutes of intellectual property, the ability to analyze the jurisprudential and doctrinal 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.

Students can take the exam only after passing the Private Law exam.

To register for the appeals you need to use the AlmaEsami system. Registrations that are late compared to the terms indicated on AlmaEsami and / or off-list are not allowed.

Teaching tools

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 Giorgio Spedicato