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Social sciences and humanities

Subject: INDUSTRIAL PROPERTY AND COMPETITION LAW (A.A. 2022/2023)

degree course in LAW IN BUSINESS AND PUBLIC ADMINISTRATION

Course year 3
CFU 6
Teaching units Unit Diritto della proprietà industriale e della concorrenza
Related or Additional Studies (lesson)
  • TAF: Supplementary compulsory subjects SSD: IUS/04 CFU: 6
Teachers: Ettore ROCCHI
Exam type oral
Evaluation final vote
Teaching language Italiano
Contents download pdf download

Teachers

Ettore ROCCHI

Overview

The course aims to provide the understanding and the analytic knowledge about industrial property and competition’s fundamental notion and regulation.
In particular, the topics discussed during the lessons are intended to supply a specific knowledge of the subject aimed at allowing the specific instruments’ acquisition, in order to deal with juridic issues within the industrial property and competition sector, in a practice approach, even looking at the most recent court decisions, and a proper application of the current provisions, especially having regard to the most controversial topic of the subject.
Frontal lessons with the aid of ppt.

Admission requirements

None

Course contents

The course will focus of the study of the main institutes of industrial property and competition law, with particular attention to European law, jurisprudential guidelines, as well as on the study of concrete cases.
The program consists of the following thematic modules (1 CFU):

INDUSTRIAL LAW
Introduction to the notion of intellectual property. The Code of Industrial Property: genesis, purpose, structure.

AUTHORS’ RIGHTS
Introduction – Facts and subjects – The content of copyright – Rights related to copyright – Copyright in legal circulation.

DISTINCTIVE SIGNS OF UNDERTAKINGS
The promotion of trade and the distinctive signs of enterprise: brand, firm, teaches. Notion. Sources. Function, the facts constituting the right to the trademark. The subjects. The company and other distinctive signs.

THE INTELLECTUAL CREATIONS
The intellectual creations with technological content. Protected creations – Inventions – The right to a patent – The requirement of protection – The licenses governed by law – Infringement, nullity and revocation – Administrative system.

COMPETITION LAW
Genesis and sources of national and Community legislation. Market discipline – Restrictive practices – Abuse of a dominant position – the Concentration – Application of antitrust law.

COMPETITION AND MARKET SURVEILLANCE AUTHORITIES
Control procedures and sanctions – Juridical protection of intellectual property rights. Judicial protection of business law: fairness and freedom of competition.

Teaching methods

The teaching will be provided with frontal lessons in Italians. The teaching method might take advantage of multimedia platforms like power-point. Attendance is not mandatory.

Assessment methods

The exams will be in-person, considering the health provisions or other special technical requirement. The exam consists of an oral test lasting about 30 minutes that focuses on learning the contents of the course in the light of the stated educational objectives, through three/four questions. The elements of evaluation that contribute to the attribution of the vote are: - Knowledge and understanding - The ability to apply knowledge - The ability to make judgements, or the ability to be critical and to make judgements - The ability to communicate The exams take place along the academic year and the students will have to book it through the Esse3 platform.

Learning outcomes

Knowledge and understanding:
The interdisciplinary approach about the full formative offer allows the acquisition, by the student, to acquire general knowledge and understanding about the competition law relating to internal and European market, as well as about brand’s discipline, inventions, models and copyright.

Applying knowledge and understanding:
Thanks to the skills acquired, the students shall be able to apply the acquired knowledge to a plurality of issues, even through training, case-study and expert witnesses.
Making judgements:
The interdisciplinary approach is finalized to make the student in a position of control of the subject, acquiring technical competences and giving the chance to work in group relating to meaningful complexity arguments, showing problem solving and decision making skills.

Communication skills:
The degree course allows the acquisition of communicative skills and the strengthening of the behavioral ability, enabling the student to approach the professional world.
Learning skills. The formative offer provide to the student a basic knowledge and analysis of cognitive instruments, as well as the theoretical and professional methods.

Learning ability:
At the end of the course, the students will have acquired the ability to use independently and adequately the acquired knowledge to continuously update their knowledge and skills.

Readings

Il testo consigliato è:
- G. GHIDINI – G. CAVANI “Proprietà intellettuale e della concorrenza”, II ed., ZANICHELLI

Altri testi potranno essere consigliati a lezione.