Learning objectives
Knowledge and understanding:
The course aims to allow students to acquire the fundamental legal knowledge of commercial law, with particular focus on intellectual property and competition law, business contract law and digital markets law. The course also aims to develop a critical understanding of the application of business law in digital contexts.
Ability to apply knowledge and understanding
At the end of the course, students acquire the ability to (i) assess and interpret the legal issues arising from the context of business marketing and (ii) evaluate the impact of technological innovations on business legal rules.
Autonomy of judgment
At the end of the course, students will be able to (i) apply legal reasoning in business decisions relating to B2B and B2C relationships (ii) express independent and informed judgments about the subject matter of the course (iii) debate different perspectives to address the issues at stake in the marketing activities
Communication Skills:
At the end of the course, students acquire the ability to (i) use the notions and language of business law in communicating in oral and written form, through exams and exercises; (ii) develop relational skills, useful for relating both within the company and with third parties (other market operators or end users of goods and services).
Learning ability
At the end of the course, students will acquire the knowledge and skills to solve problems in dynamic contexts and develop critical positions. The course also allows students to develop the legal methodology to assess facts in light of legal norms and related case-law.
Prerequisites
Knowledge of Private Law and Commercial Law
Course unit content
The course focuses on the fundamental legal areas relevant for marketing activities.
After a general introduction, the course will offer a glimpse over the main legal issues of marketing, with a special focus on the digital economy: Intellectual Property (Part 1); Competition Law and Unfair Competition Law (Part 2); Business contracts and commercial distribution (Part 3); E-Commerce Law (B2B and B2C, Part 4)
Full programme
Part I: Intellectual property law
- Introduction to intellectual property law
- Distinctive signs (with special focus on the protection of trademarks online and domain names)
- Copyright law in marketing activities
- Designs (with special focus on the fashion sector)
- Protection of technological innovation
- Ownership, management and access to data
Part II: Competition law and unfair competition law
- Unfair competition la (Article 2598 of the Italian Civil Code)
- Unfair competition and advertising
- Antitrust Law
Part III: Business contracts and commercial distribution
-The main commercial distribution contracts
- Online distribution
Part IV: E-commerce law
B2B Relationships
- The liability of Internet Service Providers: from the e-commerce Directive to the Digital Services Act
- Platform to Business Regulation
B2B Relationships
- Consumer protection
- Personal dataprotection, with special focus on marketing activities
Bibliography
Assenza- Bertoni – Colangelo- Maggiolino – Maggiore, Montagnani, Diritto per il marketing, Giappichelli, 2020
Other materials will be provided during the course through the platform. Such materials are included within the program of the course.
Non -attending students are required to control the platform.
Teaching methods
Frontal teaching, case studies, interactive discussions, practical exercises (e.g. group works).
The course will be on campus according to the rules of the University. The classes could eventually be held online, according to the evolution of the health emergency.
Students’ participation during lectures and group exercises is encouraged and could be considered in the final assessment.
Assessment methods and criteria
The final evaluation will consist of a written exam, which includes one or more open questions and multiple choice questions. Grades can be assigned on a scale 0-30. During the written exam, the use of any type of text, book, note, phone, media etc. is strictly forbidden.
A further oral exam could be organised by the professor. In this case the grade could be increased or decreased up to 3 points.
The oral exam will consist of a critical discussion on the subject matter of the course.
The distinction could be granted in case of achieving the maximum grade in each question, in addition to the abiity to correcly use the legal lexicon and the legal reasoning.
Participation in classroom is encouraged and can be positively evaluated.
Other information
Seminars with experts and key figures could be organised during the courses.
