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 first part deals with Intellectual Property (Patents) on Biotech Inventions and new Plant Varieties.

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.

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.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

• knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;
• knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;
• comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;
• extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

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 (around the end of the course).

This written test in itinere will consist of 31 closed-answer questions (multiple choice), with three possible alternative answers, one of which only is correct. The grade is obtained by adding the number of correct answers (31 correct answers = 30 cum laude). Correspondently, the exam is passed with at least 18 correct answers on the 31 questions.

The questions of the optional written test will be equally divided in the two parts: as for Intellectual Property, the object of the questions will only regard the specific subject-matter explained in the course (a list of such subject-matter will be published in due time to avoid any doubt); as for bioethics, the suggested reading materials will be also included besides the object of the lectures.

In case of failure to pass the written test or refusal to accept the mark, the student will be required to take the regular oral exam on the entire program - in the manner above mentioned - in one of the dates after the end of the lessons.

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 confirmation of the previous mark.

The oral exam and the in itinere test will be available for attending students and not-attending students as well as for 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, sections 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 Carla Faralli