Smart Contracts and Intellectual Property Law
A.Y. 2025/2026
Learning objectives
The course aims to enable students to achieve:
- the ability to frame legal issues pertaining to smart contracts;
- the improvement of the technical language;
- the ability to link the various topics for the solution of concrete cases, also through case-based lessons conducted with the active participation of students;
- knowledge of the main concepts related to blockchain, distributed ledger technologies, and their applications to smart contracts,
- the ability to manage intellectual property (IP) law and rights.
- the ability to frame legal issues pertaining to smart contracts;
- the improvement of the technical language;
- the ability to link the various topics for the solution of concrete cases, also through case-based lessons conducted with the active participation of students;
- knowledge of the main concepts related to blockchain, distributed ledger technologies, and their applications to smart contracts,
- the ability to manage intellectual property (IP) law and rights.
Expected learning outcomes
At the end of the course, students will have acquired a method of reasoning suitable for dealing with legal issues in highly innovative and rapidly evolving technological contexts. In addition, students will be able to demonstrate understanding of the working of smart contracts based on blockchain and distributed ledger technologies, to demonstrate understanding of the main concepts related to IP rights.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
Smart legal contracts and issues related to the enforceability of the contractual discipline and civil liability rules provided for by the Italian Civil Code, in the light of the recent European legislation (AI Act and AI liability directives).
- the subjectivity of the "machine" and the presumption of consent;
- introduction to DLTs, blockchain and applications;
- smart contracts based on DLTs;
- the contractual nature of smart legal contracts;
- the control of compliance with mandatory rules;
- contractual liability;
- extra-contractual liability deriving from AI;
- possible uses of AI in the contractual field beyond smart legal contracts
Intellectual property rights:
- general introduction and distinction between registered and unregistered rights;
- patents for invention: legislation, types, subject matter, patentability and validity requirements, filing and granting;
- trade secrets: subject matter and protection requirements;
- copyright: legislation, subject matter, protection requirements and special cases (computer programs and databases);
- enforcement of the rights.
- the subjectivity of the "machine" and the presumption of consent;
- introduction to DLTs, blockchain and applications;
- smart contracts based on DLTs;
- the contractual nature of smart legal contracts;
- the control of compliance with mandatory rules;
- contractual liability;
- extra-contractual liability deriving from AI;
- possible uses of AI in the contractual field beyond smart legal contracts
Intellectual property rights:
- general introduction and distinction between registered and unregistered rights;
- patents for invention: legislation, types, subject matter, patentability and validity requirements, filing and granting;
- trade secrets: subject matter and protection requirements;
- copyright: legislation, subject matter, protection requirements and special cases (computer programs and databases);
- enforcement of the rights.
Prerequisites for admission
None.
Teaching methods
Frontal lessons.
Teaching Resources
There is no single core textbook for the topics covered by the course. As this is an advanced course, the core of the preparation comes from a variety of material (among which slides, cases, academic and professional readings, exercises).
For the part relating to intellectual property it may be useful to consult the following books: (a) for patents and trade secrets: Vanzetti, Di Cataldo, Spolidoro, Manuale di diritto industriale, Giuffrè 2024; (b) for copyright: Beatrice Cunegatti, Manuale del diritto d'autore, Editrice Bibliografica 2025. Details on all the material (including slides used for the classes) can be found on the myAriel page of the course.
For the part relating to intellectual property it may be useful to consult the following books: (a) for patents and trade secrets: Vanzetti, Di Cataldo, Spolidoro, Manuale di diritto industriale, Giuffrè 2024; (b) for copyright: Beatrice Cunegatti, Manuale del diritto d'autore, Editrice Bibliografica 2025. Details on all the material (including slides used for the classes) can be found on the myAriel page of the course.
Assessment methods and Criteria
The exam consists of an oral test, aimed at assessing the understanding of the topics covered during the course. The evaluation, expressed on a 0-30 scale, takes into account the accuracy, completeness, and clarity of the answers. There are no mid-term tests. The exam is considered passed if the achieved grade is 18 or higher. To participate in one of the oral exam calls scheduled in the calendar, students must enroll respecting the official deadline.
INF/01 - INFORMATICS - University credits: 3
IUS/01 - PRIVATE LAW - University credits: 3
IUS/01 - PRIVATE LAW - University credits: 3
Lessons: 48 hours
Professor:
Ferrari Camilla
Professor(s)