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, 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 within the national, European and international legal systems.
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: Personal data protection law (Part 1); Competition Law, Regulation of Advertising Practices and Consumer Protection (Part 2); E-Commerce Law (Part 3); Intellectual property (Part 4)
Full programme
Part I: Personal Data Protection Law
- General introduction to the personal data protection law
- Personal data protection law within marketing activities
- Data Protection Law and Digital Markets
Part II: Competition law, advertising regulation and consumer protection
- Principles of EU and national competition law
- Unfair competition law and advertising regulation
- Antitrust Law
Part III: E-commerce law
- The liability of Providers of Digital Sevices: from the e-commerce Directive to the Digital Services Act
- Platform to Business Regulation and Digital Markets Act
Part IV: Intellectual property law
- Introduction to intellectual property law from a European, international and comparative perspective
- Copyright law in marketing activities
- Distinctive signs (with special focus on the protection of trademarks)
- Protection of technological innovation (basic notions)
Bibliography
Part I: Jeremy Harris Lipschultz, Social Media Communication. Concepts, Practices, Data, Law and Ethics (3rd edn., Routledge 2020) chapters: 1, 7, 8, 9
Part II and III: Andrew Murray, Information Technology Law: The Law and Society (4th edn., Oxford University Press 2019) section IV (E-Commerce) and section VI (Data privacy)
Charles F. Hofacker, Digital Marketing: Communicating, Selling and Connecting (Edward Elgar 2018) section II and section III
OPTIONAL READINGS: "Manuale di Diritto dei consumi" a cura di G. Perlingieri, L. Mezzasoma, M. Angelone, Edizioni Scientifiche Italiane, 2024
Part IV: Dack, S., Kooij, P. A. C. E. van der, Visser, D. J. G., & Vrendenbarg, C. J. S. (2019). EU IP LAW. A short introduction to European intellectual property law. Leiden: Leiden Law School, retrieved open access from: https://hdl.handle.net/1887/3275564
Chapters 1-4
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.
Students’ participation during lectures and group exercises is encouraged and could be considered in the final assessment (up to 2 points for the final evaluation). Further details will be provided during the course.
Assessment methods and criteria
The final evaluation will consist of (1) a written exam and a (2) following oral exam (which could modify the grade of the written exam).
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.
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 ability to correcly use the legal lexicon and the legal reasoning.
A detailed explanation of the final exam will be provided also during the first class.
Participation in classroom and within team working is encouraged and can be positively evaluated.
Other information
Seminars with experts and key figures could be organised during the courses.
