LAW OF FASHION, INNOVATION AND NEW MEDIA
cod. 1011824

Academic year 2023/24
4° year of course - Second semester
Professor
- Cesare GALLI
Academic discipline
Diritto commerciale (IUS/04)
Field
A scelta dello studente
Type of training activity
Student's choice
50 hours
of face-to-face activities
6 credits
hub: PARMA
course unit
in ITALIAN

Learning objectives

Upon completion of the coursework, the student is expected to have acquired knowledge and skills related to the main themes and issues of intellectual property law relevant to fashion, innovation and new media. Specifically, the student is expected to be able to:
1. Be familiar with the relevant legal norms contained in the Industrial Property Code and the Copyright Law, concerning, in particular, design, trademarks, inventions, know-how, software and databases; read and understand the case law relating to these institutions of law; interpret the norms with a systematic method, according to doctrinal and jurisprudential orientations (knowledge and ability to understand);
2. apply the interpretations acquired to concrete cases; be able to carry out, through the techniques proper to legal argumentation, the resolution of practical cases, under the guidance of the Lecturer (ability to apply knowledge and understanding);
3. be able to analyze independently, with a critical method, jurisprudential pronouncements and cases of reality, through the process of interpreting the fact and its legal qualification (autonomy of judgment);
4. be able to connect the different topics covered with each other, with basic and related disciplines.

Prerequisites

In order to take the Fashion, Innovation and New Media Law exam, one must have passed the Institutions of Private Law, Institutions of Roman Law and Constitutional Law exams

Course unit content

- The protection of fashion creations and luxury goods:
(a) Italian and European discipline of designs and industrial design works: legislation and latest case law developments
(b) brand protection and enhancement: Italian and European discipline of trademarks and other distinctive signs, particularly on the Internet: substantive law, case law developments and judicial enforcement rules
- Protection of product and process innovations: invention and model patents, trade secrets, computer programs and databases, artificial intelligence, in particular web network Apps and Life Science innovations: substantive law and jurisprudential developments
- Advertising communication and social networks: prohibition of deception, AGCM directives, rules of professional fairness

Full programme

no

Bibliography

Bibliography for attending students:
M. Bogni, Fashion and intellectual property between aesthetics and communication, in Il dir. ind., 2013, pp. 329-333
M. Tavassi, Protection against free-riding in the fashion world: developments in case law, ne Il dir. ind., 2013, pp. 335-341
C. Galli, The challenges of e-commerce to the fashion system, ne Il dir. ind., 2013, pp. 342-353
P. Fabbio, entry Designs and models, in Treccani Diritto on line, 2014, pp. 1-13
M. Bogni, The individual character of the design, in C. Galli-A. Gambino, Code commentato della proprietà industriale e intellettuale, Torino, 2011, pp. 482-493
C. Galli, The "European" copyright protection for industrial design works and the need for a realistic approach, in Riv. dir. ind., 2020, I, pp. 51-65
C. Galli-D. Mainini-D. Zani, Competing with the brand in the global market, Bologna, Filodiritto, 2017 (pp. 13-79, 101-138 and 180-194)
C. Galli, entry Trademark and other distinctive signs, in Treccani Diritto on line, 2014, pp. 1-12
A. Vanzetti-V. Di Cataldo-M.S. Spolidoro, Handbook of Industrial Law, Milan, 2021, pp. 375-496, 539-574
C. Galli, For a realist approach to patent law, in Il dir. ind., 2010, pp. 133-146
C. Galli-M. Bogni, Artificial intelligence, new research dynamics and problem and solution approach, in Il dir. ind., 2020, pp. 127-136
C. Galli-A. Pagani-S. Lasca, Trade secrets, in Various Authors, Intellectual property: new perspectives for sustainable growth, Turin, LES-Netval, 2023, pp. 69-79
C. Galli, New trends in Italian case law on damages and retroversion of profits from infringement and unfair competition, in Il dir. ind., 2020, pp. 299-309
C. Galli, Social Media, Distinctive Signs and Fair Competition, among Influencers, Trend Setters, Fake News and Advertising, ne Il dir. ind., 2019, pp. 122-128
C. Galli, Metaverse or Metaverse between technical and legal innovation, ne Il dir. ind., 2023, pp. 109-116

Bibliography for non-attending students:
M. Bogni, Fashion and intellectual property between aesthetics and communication, ne Il dir. ind., 2013, pp. 329-333
C. Galli-D. Mainini-D. Zani, Competing with the brand in the global market, Bologna, Filodiritto, 2017 (pp. 38-79)
A. Vanzetti-V. Di Cataldo-M.S. Spolidoro, Handbook of Industrial Law, Milan, 2021, pp. 147-358, 375-501, 527-574.


Materials other than the textbook will be made available to students on Elly. Attendees will also receive additional case law materials that will be reviewed and discussed in class.

Teaching methods

Teaching activities will be conducted in the form of interactive oral lectures. During the lectures, which focus, from time to time, on the in-depth study of certain essential institutes of intellectual property law, dialogue with the class will be privileged. In tandem with each lecture, jurisprudential and doctrinal materials will be provided for review and discussion in the classroom. The study of related case law precedents concerning Internet issues, design, renowned trademarks, inventions and the protection of know-how, and the protection of software and databases will be carried out. Any video recordings will be made available only to registrants from PA (who should contact the Lecturers in advance).

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

Because the legal discipline of the subject is evolving, regulatory updates as they occur will be indicated and commented on during the course of the lectures so non attending students should contact the lecturer to receive these updates in turn.