32425 - Intellectual Property Law

Course Unit Page

SDGs

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

Quality education Industry, innovation and infrastructure Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

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

Course contents

The course will focus on the three main institutions of intellectual property (trademarks, patents and copyright), combining the theoretical perspective - which will move from the direct analysis of the regulatory sources of domestic and EU law - with a case study approach based on the examination of case law and contractual practice.

Lesson plan

Lesson 1 [20.09.2021]: Introduction to intellectual property law

Lesson 2 [21.09.2021]: The trademark: notion and function. The different types of trademarks

Lesson 3 [09/27/2021]: The trademark as a sign and the requirements for validity

Lesson 4 [28.09.2021]: Acquisition of rights to the trademark. Use of the trademark. The unregistered trademark

Lesson 5 [04.10.2021]: Infringement and protection of trademark rights.

Lesson 6 [05.10.2021]: Function and structure of copyrights

Lesson 7 [11.10.2021]: Intellectual property and its creative character

Lesson 8 [12.10.2021]: The creation of the work and the author

Lesson 9 [18.10.2021]: The rights of economic use

Lesson 10 [19.10.2021]: The rights protecting the author's personality

Lesson 11 [25.10.2021]: Rights related to copyright

Lesson 12 [26.10.2021]: Copyright exceptions and limitations

Lesson 13 [02.11.2021]: Function and structure of the patent. Definition of invention

Lesson 14 [08.11.2021]: The requirements for patentability

Lesson 15 [09.11.2021]: Patenting procedure. Rights arising from the invention. Extension and protection of the patent. Derivative and dependent inventions

Lesson 16 [11/15/2021]: Employee inventions.

Lesson 17 [16.11.2021]: Domestic and supranational law protecting know-how and trade secrets

Lesson 18 [22.11.2021]: Analysis of case law on know-how and secrets

Lesson 19 [23.11.2021]: Analysis of technical and contractual instruments on know-how and secrets

Lesson 20 [29.11.2021]: Theory and technique of drafting an NDA (Non-Disclosure Agreement)


N.B. Lessons 17 - 20: (a) for the students enrolled in the 1st Cycle Degree in "Legal Consultant in Business and Public Administration" are an integral part of the course "Intellectual Property Law" (9 CFU); (b) for the students enrolled in the Master Degree in Law integrate the seminar "Know-how and trade secrets: protection, management and contracts" (2 CFU) that can be optionally followed as an autonomous activity in addition to the course "Intellectual Property Law" (7 CFU).

Readings/Bibliography

For both attending and non-attending students (GIPA and LMCU), the study of the following texts is mandatory:

(1) A. VANZETTI, V. DI CATALDO, Manuale di diritto industriale, Milano, Giuffrè, 2018, limited to the following parts: pp. 145 - 320, pp. 367 - 472, pp. 489 - 494.

(2) G. SPEDICATO, Principi di diritto d'autore, Bologna, Il Mulino, 2020, limited to the following parts: pp. 11 - 149 and pp. 163 - 218.

In addition, for attending and non-attending students (LMCU) who have included in their study plan the seminar "Know-how and trade secrets: protection, management and contracts" the additional relevant materials will be uploaded at the end of each lesson on "Virtuale", the platform for e-learning of Unibo (https://virtuale.unibo.it/).

Teaching methods

The topics covered by the program will be deepened and discussed in the classroom starting from the reading - 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.

PLEASE NOTE: In light of the current situation brought about by the Covid-19 pandemic, and given that the syllabus is published in July 2021 (classes will be held in the first semester of the 2021-2022 academic year), changes in teaching methods will be possible. Students are therefore invited to periodically consult this web page and the institutional communication channels of the Degree Course to receive information about any changes.

Assessment methods

For attending students, the exam of Intellectual Property Law consists of a written test (maximum time available 90 minutes) consisting of:

  • 18 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 18 closed-ended questions [N.B. 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 [N.B. 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 examination 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.

Both for attending and non-attending students (LMCU), the exam of the seminar "Know-how and trade secrets: protection, management and contracts" will be exclusively oral, with two open questions on the materials that will be uploaded at the end of each lesson on "Virtuale", the Unibo e-learning platform (https://virtuale.unibo.it/ ).


Students can take the Intellectual Property Law exam only after having passed the Private Law exam.

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