Learning objectives
The course consists of two parts.
A theoretical part, dedicated to the study of disciplines relating to distinctive signs and technological innovation in the patent system, including trade secrets, as well as the protection of commercial communication and competition, the latter with reference to legal provisions and anti-monopoly measures.
A practical part, taught in parallel with theory's one, mainly focused on the examination of cases and main contracts affecting examined institutions (license and transfer of patent and trademark, advertising and sponsorship contracts, etc.), with particular attention to the analysis of contractual obligations and problems related to business practice in contractual models.
Prerequisites
Knowledge of private law and trade law
Course unit content
Teaching aims to allow students to learn the legal knowledge required for those who will be called to work in the field of corporate marketing.
The course focuses on the study of the theoretical and technical aspects of the disciplines that affect intellectual and industrial property rights' protection, corporate communication and competition, including the examination of cases and contractual situation related to those matters.
Full programme
(First part) Theoretical part:
1. Label and marker protection
- company name, trademark, domain names and typical minor cases
2. Protection of technological innovation in the patent system
- inventions and designs
- know-how and trade secret
3. competition law
- unfair competition pursuant to art. 2598 cc and under law n. 192/1998
- anti-trust
4. discipline of corporate communication (advertising and unfair business practices)
(Part Two) Practical part:
1. Contracts for company's brand and design promotion and protection
- brand development agreements (advertising contracts)
- trademark assignment agreement
- trademark license agreement (franchising and merchandising)
2. Contract for the promotion and protection of the technological company heritage
Bibliography
- Vito Mangini: Manuale Breve di Diritto Industriale, Padova, CEDAM, 2009 (with Appendix 2011);
- learning materials and case supplied during the course
Teaching methods
Theoretical and practical classroom lectures lessons 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.
