FOOD DESIGN AND INTELLECTUAL PROPERTY RIGHTS
cod. 1012159

Academic year 2024/25
1° year of course - Second semester
Professor
Cesare GALLI
Academic discipline
Diritto commerciale (IUS/04)
Field
Discipline giuridiche, economiche e gestionali
Type of training activity
Characterising
36 hours
of face-to-face activities
6 credits
hub: PARMA
course unit
in ENGLISH

Integrated course unit module: GLOBAL TRADE LAW AND FOOD DESIGN

Learning objectives

The course explains the rules which compose the legal framework of the global trade law with reference to the pivotal role displayed by food and intellectual property rights. Classes will be carried on also taking into consideration the experience of other jurisdictions (United States, UK, China, etc.) if functional to a better understanding of the subject. At the end of the course, students will be expected to:
- have a proof knowledge of the subject
- be able to describe the rules governing each topic
- explain using technical language the underlined economic phenomena
- illustrate the rationale underpinning the rules as well the interests protected by them
- compare the European and Italian rules with solutions adopted by foreign jurisdictions.

Prerequisites

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Course unit content

The second part of the course will focus on intellectual property rights and their relations with foods and foods’ regulation. By the end of the coursework, the student should have acquired knowledge and skills related to the main issues and topics of intellectual property law relevant to the agri-food sector. In particular, the student is expected to be able to:
1. Be familiar with the relevant legal rules at EU level dealing in particular with trademarks, denominations of origin and geographical indications, as well as biotechnological inventions and food design; read and understand the case law relating to these legal instruments; construe the rules with a systematic method, according to scholars and case law positioning (knowledge and ability to understand);
2. apply the acquired knowledge in interpreting real cases; be able to carry out, through the techniques of 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 critical method, case law rulings and actual cases, through the process of interpreting the facts and their legal qualification (autonomy of judgment).
4. Be able to connect the different topics discussed with each other, with the basic and related disciplines.

Full programme

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Bibliography

The compulsory materials will be uploaded on the course platform and will consist of lecture slides; case law; sources of law; and reading.
It is also advisable (but not compulsory) to have a read of the following texts that are anyway only suggested:
For the second part of the course:
Dev S. Gangjee (ed.), Research Handbook on Intellectual Property and Geographical Indications, Edward Elgar Publishing, 2016 (chapters 1, 4, 5, 6, 7, 11, 14)
Galli C., Protection of food creations in Italy, available at https://www.lexology.com/commentary/intellectual-property/italy/ip-law-galli/protection-of-food-creations-in-italy
Kur A., Dreier T., Luginbuehl S., European intellectual property law: text, cases and materials, Elgar, 2019 (chapters 3.1; 3.3.4; 3.4.1; 4.1; 4.3.1 to 4.3.1.2; 4.3.4; 6.2; 6.3; 6.4
The books and papers for the second part of the course are available in the UniPr databases and/or at the UniPr Library
Case law and further academic papers examined in the classroom will be made available online to students.

Teaching methods

This course will require an active attendance by students. Discussion of case laws and contractual clauses will be frequent as well legal clinics including, but not limited to, the practical work of students on real cases and social issues supervised by academics and professionals. The innovative approach of the course will also involve “flipped class” that means pre-class work (independent study, textbook readings and reflective questionnaires will be therefore required) followed by interactive workshop. This approach has the aim to promote the active student participation in legal problem-solving activities within small groups. These educational activities aim to develop professional attitudes and foster the growth of the practical skills of students about the modern understanding of professions and practices that may involve the knowledge of global trade, intellectual property and food design.
As for the second part of the course, didactic activities will be conducted both in the form of frontal lectures and through interactive teaching approach.
During the frontal lectures, focused on essential instruments of intellectual property law in the agri-food sector, the dialogue with the class will be privileged. During each lecture, case law and scholarly materials will be provided, and will be reviewed and discussed in the classroom.
Interactive teaching, on the other hand, will take the form of: debates in which the class, divided into two groups, will have to argue opposing theses related to the most relevant legal issues in the agri-food sector under the guidance of a tutor; mock trials may also be organized.

Assessment methods and criteria

Written exam based on open questions. Attending-students only will be allowed to divide the examination in two parts. The first one will refer to Module A and will take place at the end of the first part of the Course. The second part, concerning Module B contents, will take place at the end of the lessons. The final assessment will be determined overall by the grades obtained in the two tests.

Other information

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