Learning objectives
a) knowledge and understanding
The course consists of two parts.
The first part covers protection given by labels and markers, with particular attention to brand protection, protection of technological innovation in the patent system and competition, with reference to legal provisions and anti-monopoly measures.
The second part focuses on Italian and European primary law sources of the main distribution contracts (agency, dealership and franchise), the analysis of contractual obligations and issues related to termination and application of contractual practices.
b) Ability to apply knowledge and understanding
At the end of the course students will have acquired:
- knowledge of the institutions of intellectual property and competition, for example through basic concepts such as "relevant market" which plays a key role in assessing the conduct of market traders
- the ability to manage practically and theoretically the selection of the most appropriate type of negotiation, execution and termination of a distribution agreement.
c) Making judgments
Students acquire the independence of judgment required to address and resolve issues related to institutions of intellectual property related to organizational and contractual management of market operators and provide with appropriate advice.
d) Communication skills
Students learn how to relate to others within the institution and externally with other market operators and end users of goods and services (firms, consumers) in the spheres of contracts in competition, industrial property and commercial distribution.
e) Learning skills
The course is structured to enable students to learn methods of legal assessment of the facts regarding commercial distribution contracts in the light of national legislation and case law.
Prerequisites
Knowledge of private law and trade law
Course unit content
Students will learn legal notions useful for company marketing.
The course consists of two parts; first, theoretical and technical aspects affecting property rights relating to the protection of industrial ownership rights and competition, and second the legal aspects of the main contracts used in commercial distribution.
Full programme
First part
Label and marker protection
- trademark regulation
- 2. Protection of technological innovation in the patent system
- 3. Competition Law
- - Legal codes with particular attention to advertising regulation
- - Anti-monopoly regulation and agreements restricting competition and the market
Part Two:
Italian and EU system of primary sources and of the main distribution contracts
- Agency contracts
- Dealership
- Franchise agreements
2. Analysis of the obligations of the parties to a distribution agreement
- Termination Issues
3. Contractual models for agency, license and franchise agreements
Bibliography
First Part
- Various authors: Elementi di diritto dell’impresa, Torino, Giappichelli, 2010, Chapters VII and VIII only
- Learning materials supplied during the course
Second Part
- Learning materials currently in preparation, to be indicated at the start of the course
Teaching methods
Theoretical and practical classroom lectures with information and exercises by university teachers and specialists including overseas experts.
Acquiring knowledge – class lectures.
Learning to apply skills – exercises and practice.
Acquiring independent evaluation skills – case studies.
Acquiring learning skills – description of topic and critical examination of legislation applied, legal decisions and contracts.
Acquiring technical language – legal terminology is explained during the course.
Assessment methods and criteria
The final exam is a one hour written paper consisting of four open questions, two on the first part of the course and two on the second, printed on two sides of an A4 sheet.
The use of any type of text, books, notes, phones, media etc. is not permitted.
Students passing the written paper may request by email an optional supplementary oral exam on fixed exam dates, which can raise or lower the mark from the written questions by a maximum of two marks.
Each question carries a maximum of 7.5 marks.
Answers will be assessed overall for knowledge, the ability to apply knowledge, the capacity to communicate with appropriate technical language and terminology, independence of judgment and capacity to learn. The optional oral exam will be assessed on the same critera.
Other information
Additional seminars on topics covered in the course may be held according to the availability of external specialists.
See the professors’ webpage for supplementary material and check it always for updates on course, dates and times, office hours and the like
