MARKETING LAW
cod. 1007333

Academic year 2020/21
2° year of course - Second semester
Professor
- Christian CAVAZZA
Academic discipline
Diritto commerciale (IUS/04)
Field
Giuridico
Type of training activity
Characterising
42 hours
of face-to-face activities
6 credits
hub: PARMA
course unit
in ITALIAN

Learning objectives

a) Knowledge and understanding
The course is dedicated at the study and learning of disciplines related to distinctive signs and technological innovation in the patent system, including trade secrets, as well as the protection of commercial communication and competition. During the course, competition will be dealt with reference to the legal provisions and anti-monopoly measures, in order to reach a deep understanding of the new issues posed by marketing and commercial techniques
b) Ability to implement knowledge and understanding
At the end of the course students will learn:
- knowledge of intellectual property and competition institutions, for example through basic concepts such as "relevant market" which plays a key role in assessing the conduct of market traders;
- the ability to manage, in practice as well as in theory, the selection of the most appropriate type of contract related to the examined institutes, with particular attention to aspects of the negotiation, execution and resolution of the agreement.
c) Autonomy of judgment
Students acquire an independent opinion required to face and resolve issues related to intellectual property, providing appropriate advices to organizational and contractual management of market operators.

Prerequisites

Knowledge of civil law and commercial law

Course unit content

Teaching aims to allow students to learn legal knowledge required in the field of corporate marketing.
The course focuses on the study of the theoretical and technical aspects of the disciplines that affect intellectual and industrial property rights' protection, corporate communication and competition, including the examination of cases and contractual cases related to those matters.

Full programme

1. Label and marker protection
- company name, trademark, domain names and typical minor cases
2. Protection of technological innovation in the patent system
- inventions and designs
- know-how and trade secret
3. Competition law
- unfair competition pursuant to art. 2598 cc and under law n. 192/1998
- anti-trust
4. regulation of corporate communication (advertising and unfair business practices).

Bibliography

- Vito Mangini-- Vito Mangini-Anna Maria Toni: Manuale Breve di Diritto Industriale, Padova, CEDAM, Ed. 2020 or latest updated Ed.;
- learning materials and cases provided during the course
- lectures’ slides.

Teaching methods

Theoretical and practical lectures with in-depth analysis and exercises held by professors and professionals, including overseas experts. Lectures can be held both face to face and broadcast via streaming , or remotely, via Elly / Teams platform. Distant lessons can be streamed or recorded (and uploaded on Elly). In any case, at least 1/3 of the lectures will be transmitted via streaming.
Knowledge acquisition: class lectures;
Implementation of knowledge and understanding: exercises and practice;
Autonomy of judgment acquisition: case studies;
Learning skills acquisition: critical examination of phenomena regulated by the legislator, jurisprudential decisions and contracts;
Technical language acquisition: during the course the technical-legal language will be explained and applied.

Assessment methods and criteria

The final assessment takes place through a single written exam which consists of answering in forty-five minutes one or more open questions pre-printed on a double-sided A4 sheet
The use of any type of text, book, note, phone, media etc. is forbidden.
Answers will be assessed overall in terms of knowledge, the ability to apply knowledge, the capacity to communicate with appropriate technical language and terminology, independence of judgment and learning ability.
If due to the persistence of the COVID19 emergency it would be necessary to use remote mode, the examination will be carried out in written form remotely, using TASK mode on Elly. The identity of the candidates will be verified with prior communication of an identity document, according to the indicated technical methods or with remote exhibition and verification during the examination.

Other information

Additional seminars on topics covered in the course may be held according to the availability of external specialists.
See the professors’ webpage for supplementary material.