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 2020/2021

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 2020/2021 aims to offer the student a thorough knowledge of Intellectual Property law, and more particularly of Copyright Law, with a specific focus on the most recent technological and socio-economical developments (from online platforms for the sharing of contents, to cloud computing to artificial intelligence syste,s).

The course will be particularly focused on:

  1. Function and structure of copyright
  2. Notion of "work" and its creative character
  3. Creation of the work and its author
  4. Economic rights
  5. Moral rights
  6. Infringement of copyright 
  7. So-called "related rights"
  8. Exceptions and limitations to copyright
  9. Transfer and management of copyright 

in the domestic, EU and comparative perspective. 

Readings/Bibliography

Both for attending and non-attending students, the study of the following handbook is mandatory:

G. Spedicato, Principi di diritto d'autore, Bologna, Il Mulino, 2020, pp. 11 - 218.

The study of the handbook must be integrated by an in-depth reading of the relevant provisions of the Italian Copyright Act (an up-to-date version of which may be downloaded from the following website: www.normattiva.it) and the mail EU directives concerning copyright.

For attending students, further materials will be indicated by the teacher during classes, and subsequently made available on IOL (InsegnamentiOnLine).

For attending students and for the purpose of drafting the paper, it is strongly recommended to read the following texts:

F. Caringella, Scrivere per vincere. I segreti della scrittura giuridica, Dike giuridica, 2020.

or, alternatively,

C. Lucchini, F. Lucchini, Scrivere diritto. Tecniche di scrittura per la comunicazione giuridica, Palestra della Scrittura, 2018.

Teaching methods

The topics covered by the program will be analyzed in depth and discussed in the classroom, moving from the reading - under the guidance of the teacher - of the relevant norms and through the illustration of the relevant case law, mainly from the Court of Justice of the European Union.

Students attending classes will be actively involved in the discussion to develop the hermeneutical and critical skills necessary for a correct approach to the subject-matters 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.

During the course, students attending classes will be asked to carry out, under the guidance of the teacher, also practical activities, such as the extraction of legal principles from the judgements of the CJEU.

The courses scheduled in the I semester will be delivered according to the methods described at the following web page: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

Assessment methods

For students attending classes, the exam will consists of two parts, the first of which is preliminary to the second:

(1) a 15-questions multiple choice test, with three possible answers, one of which is correct. One point will be given for each correct answer. The exam is passed with at least 9 correct answers out of 15 questions;

(2) in the event of passing the multiple choice test as indicated above, a written paper of 10-15 pages to be discussed during the examination. Up to a maximum of 15 points are given for the paper. The paper is considered sufficient with a minimum score of 9 points.

The final mark is made up of the sum of the points achieved during the test and the points obtained with the paper.

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

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

The evaluation of the test will be carried out taking into consideration the knowledge of the legal principles, the ability to analyze the case law and legal scholarship, 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