Property Rights: Legal Aspects
A.Y. 2020/2021
Learning objectives
This course aims to provide students with an understanding of the essential principles of intellectual law and of the process of obtaining and enforcing patents and trademarks. Given that companies and organisations increasingly operate across national boundaries, the course focuses on how intellectual property rights operate across different national contexts and how companies need to coordinate intellectual property protection across the main jurisdictions.
Expected learning outcomes
Participants in this course will gain a full and critical understanding of the substantive law of patents and trademarks. They will learn how to provide legal advice on a range of issues from commercial viability and marketing, to vesting ownership and infringement. Additionally, students will apply legal analysis and resolution to real-world client scenarios.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Lesson period
First trimester
The lessons will be held on Microsoft Teams at the time scheduled for the class.
Course syllabus
· What is intellectual property law;
· Patentable subject matter, novelty, inventive step/non obviousness, adequate disclosure and enablement, claim interpretation and infringement , remedies, employee's inventions; Unitary Patent and Unitary Patent Court system.
· Acquisition of trademark right, use vs. registration, trademark registrability and rights (distinctiveness, colour, smell,sound, three -dimensional marks and unconventional marks), infringement (likelihood of confusion and well known trademarks), defences (fair use), remedies, international enforcement (exhaustion and parallel importations).
· Patentable subject matter, novelty, inventive step/non obviousness, adequate disclosure and enablement, claim interpretation and infringement , remedies, employee's inventions; Unitary Patent and Unitary Patent Court system.
· Acquisition of trademark right, use vs. registration, trademark registrability and rights (distinctiveness, colour, smell,sound, three -dimensional marks and unconventional marks), infringement (likelihood of confusion and well known trademarks), defences (fair use), remedies, international enforcement (exhaustion and parallel importations).
Prerequisites for admission
The exams of the first year
Teaching methods
In class are examined the relevant rules and case law of European Union, United States and China.
During the class it is required that students participate activly esplecially in solving cases.
At the end of the course two or three speakers may give their testimony regarding the possible jobs which involve Intellectual Property.
During the class it is required that students participate activly esplecially in solving cases.
At the end of the course two or three speakers may give their testimony regarding the possible jobs which involve Intellectual Property.
Teaching Resources
Class notes and Transnational Intellectual Property Law (text and cases) [disponibile anche su Amazon] diRobert P. Merges, Seagull Haiyan Song.
Part I (p. 3-22); Part II (p. 25 -243) and Part IV (p.481-625). Solo le sentenze esaminate in classe.
Part I (p. 3-22); Part II (p. 25 -243) and Part IV (p.481-625). Solo le sentenze esaminate in classe.
Assessment methods and Criteria
The exam will consist in a written exam of two hours. The students will be asked to solve two legal cases, one regarding patent law and the other trademark law.
The cases will be aimed to examine the understanding and the practical application of the law, case law and topics discussed in class.
Whether the exams will be taken remotely they will be carried out with the platform exam.net, as explained on the University website. The exam will have the same structure and lenght described above.
The cases will be aimed to examine the understanding and the practical application of the law, case law and topics discussed in class.
Whether the exams will be taken remotely they will be carried out with the platform exam.net, as explained on the University website. The exam will have the same structure and lenght described above.
IUS/04 - BUSINESS LAW - University credits: 9
Lessons: 60 hours
Professor:
La Rocca Sena Francesca Maria