Property Rights: Legal Aspects
A.Y. 2022/2023
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
Course syllabus
· What is intellectual property law;
· Patentable subject matter, novelty, inventive step/non obviousness, adequate disclosure and enablement, claim interpretation and infringement , remedies; Unitary Patent and Unitary Patent Court system.
· Acquisition of trademark right, use vs. registration, trademark registrability and rights (distinctiveness, three -dimensional mark), infringement (likelihood of confusion and well known trademarks), defences (fair use), remedies, International enforcement.
· Patentable subject matter, novelty, inventive step/non obviousness, adequate disclosure and enablement, claim interpretation and infringement , remedies; Unitary Patent and Unitary Patent Court system.
· Acquisition of trademark right, use vs. registration, trademark registrability and rights (distinctiveness, three -dimensional mark), infringement (likelihood of confusion and well known trademarks), defences (fair use), remedies, International enforcement.
Prerequisites for admission
Exams of the first year
Teaching methods
Lectures. Active participation of students is required during the lectures. Articles and judgments will be distributed for students to read and express their opinions on; practical cases will be submitted for resolution.
Teaching Resources
For attending students: Lecture notes, slides and material distributed in class (articles and case law).
For non attending students: Transnational Intellectual Property Law (text and cases) [ available on Amazon] by Robert P. Merges, Seagull Haiyan Song.
Part I (p. 3-22); Part II (p. 25 -243) and Part IV (p.481-625).
For non attending students: Transnational Intellectual Property Law (text and cases) [ available on Amazon] by Robert P. Merges, Seagull Haiyan Song.
Part I (p. 3-22); Part II (p. 25 -243) and Part IV (p.481-625).
Assessment methods and Criteria
Two hours written exam. The students will have to solve two cases: one on patent andthe othe on trademark.
IUS/04 - BUSINESS LAW - University credits: 9
Lessons: 60 hours
Professor:
La Rocca Sena Francesca Maria
Educational website(s)