II Semester 2022/23
IP LAW course (6 CFU)
Class schedule:
Tuesday 8.30-11 a.m.;
Friday 8.30-10 a.m.
Expected results
This course covers in depth the laws that encourage and protect intellectual property, that is, that set of creations and innovations made in the scientific, industrial and artistic fields. Protected under intellectual property are rights designed to ensure the protection of inventions, literary works, artistic works, symbols, names and designations, images and/or designs.
Intellectual property finds legal protection for a limited period of time, varying according to the legal system and law considered in the specific case, and is intended to prevent and avoid the illegal exploitation of the result of the creative activity of the author or inventor, while at the same time stimulating innovation and technological progress, resulting in an economic incentive for design activity and creation.
There are many different rights within the broad spectrum of intellectual property, including copyright, patents, trademarks and trade secrets (rights that will be fully analyzed in class).
The course examines existing intellectual property protection law through a comparative approach aimed at learning about existing national and international rules, in order to provide engineering students with an overview of a topic central to their future professional careers.
Specific educational objectives:
1. To develop students’ ability to identify personal and business objectives, related to the possibility of implementing and economically exploiting their creative works, by analyzing related legal issues.
2. Strengthen students’ abilities to develop research and production in technology and engineering, maximizing results on an international and comparative scale (e.g., where to register the patent to maximize the result? How to protect against plagiarism? etc.)
3. To make students aware about the main national and international tools, to be used to protect relevant rights in the field, as well as about international conventions and relevant European regulations.
7. To guide students through a path that enables them to elaborate strategies for the planning, development, production and promotion of intellectual products, to be adopted privately and also within corporate contexts.
Prerequisites
None
Contents
| 1) | Introduction: intellectual property protection for non-law students |
| 2) | Intellectual property rights: PatentsTrademarksCopyrightsTrade secrets and Confidentiality AgreementsDesign ProtectionWeb site domainsDatabase protectionGeographical indications |
| 3) | International overview: World Intellectual Property Organization; |
| 4) | The Hague Agreement Concerning the International Deposit of Industrial Designs |
| 5) | The Convention on the Grant of European Patents and Cooperation in Respect of Patents and the European Patent Office |
| 6) | National overview: intellectual property protection in Italy, France, Germany, UK |
Teaching Methods
Learning activities include:
– professor’s lessons, in English;
– reading and analysis of jurisprudence (decisions by Italian, English, American and EU courts);
– results’ processing.
The above approach aims at deepening students’ theoretical knowledge and enhancing their interdisciplinary competences.
Test
The exam consists of an oral test, during which the student will be requested to answer at least 3 questions.
The examination performance is evaluated on the following criteria: 1. the correct definition of the theoretical concept required by each application, 2. developing an example concerning the aforesaid concept.
ATTENDING STUDENTS:
the exam will focus on the content of the lessons and handouts, with one question on a topic chosen by the examined student.
NON-ATTENDING STUDENTS:
the exam will focus on the content of the handouts for non-attending students.
PhD CANDIDATES: short interview on a topic chosen by the candidate.
Books & Material
Professor’s handouts (available on Dolly), different for attending and non-attending students.
Expected Results
The course provides knowledge and understanding of rights, tools, institutions and organizations operating in the field of intellectual property protection to support the development of the following skills among the attending students:
(a) identify, design and develop strategic lines of exploitation of intellectual products in light of possible protections at the national, European and international levels;
b) know the regulatory tools that can be used to maximize economic return and protect yourselves against illicit and abusive copying of your products.
Communication skills: Students will be able to express the knowledge acquired in clear and precise language, through the correct reference to basic technical-legal terms.
Learning skills: Students will be able to independently assimilate and process the information and concepts presented and discussed within the course activities.
Development goals
Under the Sustainable Development Goals, which aim to develop a better and more sustainable future, economic and social development issues (including the right to health and education, access to energy, inclusive and sustainable economic growth, production patterns, etc.) need to be addressed.
Are there cases for bypassing patent protection in order to ensure the protection of higher human rights? This and similar issues related to sustainable development have been much discussed globally, for example with reference to patent protection for Covid-19 vaccines.
The discussion, which is still open, is very interesting because of the impact it necessarily has on economic investment in research and development of new products as well.