Learning objectives
At the end of the training activity, the student should have acquired knowledge and skills related to the most important issues of Intellectual Property Law. In particular, it is expected that the student will be able to:
1. Know the legal provisions contained in the Industrial Property Code and in the Copyright Law, in particular, with regard to trademarks, inventions, know-how, software and data bases; read and understand case law decisions; systematically read the rules also in light of doctrinal and case law principles (knowledge and understanding skills);
2. apply interpretations acquired in real cases; be able to perform practical case studies through legal argumentation technics under the Teacher’s supervision (ability to apply knowledge and comprehension);
3. be able to independently and critically analyze case law decisions and real cases through the process of interpretation of facts and their legal qualification (autonomy of judgment);
4. be able to link different matters with basic and related disciplines.
Prerequisites
In order to take the examination of Industrial Law, it’s necessary to have already passed the examinations of Principles of Private Law, Principles of Roman Law, Constitutional Law and Business Law.
Course unit content
Basics of Industrial Law: relations between competition and exclusivity - Protection of innovation: trade secrets and patents for invention - Patents and their subject matter - Requirements for the validity of patents: novelty, industriality, lawfulness, inventive step, - Subjective profiles: ownership of the right to the patent, regulation of employee inventions and inventions to order - Scope of protection of the patent infringement, equivalence, inventions of employees - Special patents and useful creations protected by copyright: biotechnological inventions, new plant varieties, computer programs, databases - Utility models: conversion and limitation of patents - designs and models - Object of trade marks, regulation of trade marks of form and relationship with the protection of designs - Concept of sign and suitability of signs to constitute a valid mark - requirements of validity of the registered mark: novelty lawful distinctive capacity - Scope of protection of the mark: counterfeiting, protection on the web and relationships with distinctive signs of different types - Collective and certification marks, D.O.P. and I.G.P. - European Union trade mark, de facto trade mark, distinctive internet signs - Special rules of industrial procedural law.
Full programme
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Bibliography
A. VANZETTI, V. DI CATALDO, Manuale di diritto industriale, Milano,
Giuffrè, last edition, (to be excluded p. 1-141 and pages 567-647).
Suggested readings:
C. GALLI (a cura di), Codice della proprietà industriale: la riforma 2010,
Milano, IPSOA, 2010.
AA.VV., La proprietà (intellettuale) è un furto?, Soveria Mannelli-Treviglio,
Rubbettino-Leonardo Facco, 2006.
Teaching methods
Didactic activities will be conducted by oral frontal lectures. During the lectures, focusing, on the one hand, on the deepening of some Intellectual Property Law institutes, the dialogue with the classroom will be privileged. Along each lecture, relative case law decisions regarding Internet issues, well known trademarks, biotechnological inventions, know how protection, software and data bases protections will be carried out.
Assessment methods and criteria
The final summative evaluation, with a mark in thirtieths, follows an oral test that involves at least three questions, with reference to the recommended texts and with respect to all the parts indicated. The final test aims to assess whether the student has knowledge and understanding of the institutions addressed during the lessons and the ability to apply that knowledge to elementary concrete cases proposed during the examination. The threshold of sufficiency (18/30) is considered reached when the student has shown knowledge and understanding of the institutions covered by the course and is able to implement the correct interactions between the various parts of the program. If it does not achieve this result, the exam will be considered invalid. The oral test vote will be communicated immediately at the end of the test. Only students will have the right to take, during the semester, two written tests, each consisting of three open-ended questions, whose answers will be evaluated in thirtieths based on the completeness and accuracy of the exhibition, such as to demonstrate knowledge and understanding of the institutions involved in each test and ability to implement the correct interactions between the various parts of the program. If positive (overall mark for each test equal to or greater than 18/30), the result of the two written tests or one of them will be considered in the oral examination and may proportionally reduce the subject of that oral examination.
Other information
Since the legal discipline of the subject is evolving and the reference texts are updated only until 2018, will be indicated and commented during the lessons the regulatory updates gradually intervened so students who do not attend must contact the teacher to receive these updates in turn.
