MARKETING LAW
Learning outcomes of the course unit
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.
a) knowledge and understanding
The course consists of two parts.
A theoretical part, dedicated to the study of disciplines relating to distinctive signs and technological innovation in the patent system, including trade secrets, as well as the protection of commercial communication and competition, the latter with reference to legal provisions and anti-monopoly measures.
A practical part, taught in parallel with theory's one, mainly focused on the examination of cases and main contracts affecting examined institutions (license and transfer of patent and trademark, advertising and sponsorship contracts, etc.), with particular attention to the analysis of contractual obligations and problems related to business practice in contractual models.
b) Ability to apply knowledge and understanding
At the end of the course students will have acquired:
- knowledge of the institutions of intellectual property and competition, 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 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) Making judgments
Students acquire the independence of judgment required to address and resolve issues related to institutions of intellectual property related to organizational and contractual management of market operators and provide with appropriate advice.
d) Communication skills
Students learn how to relate to others within the institution and externally with other market operators and end users of goods and services (firms, consumers) in the spheres of contracts in competition, industrial property and commercial distribution.
e) Learning skills
The course is structured to enable students to learn methods of legal assessment of the facts regarding commercial distribution contracts in the light of national legislation and case law.
Prerequisites
Knowledge of civil law and commercial law
Knowledge of civil law and commercial law
Course contents summary
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.
Teaching aims to allow students to learn the legal knowledge required for those who will be called to work 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 situation related to those matters.
Course contents
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).
(First part) Theoretical part:
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. discipline of corporate communication (advertising and unfair business practices)
(Part Two) Practical part:
1. Contracts for company's brand and design promotion and protection
- brand development agreements (advertising contracts)
- trademark assignment agreement
- trademark license agreement (franchising and merchandising)
2. Contract for the promotion and protection of the technological company heritage
Recommended readings
- 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.
- Vito Mangini: Manuale Breve di Diritto Industriale, Padova, CEDAM, IV Ed. 2015;
- learning materials and case supplied 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.
Theoretical and practical classroom lectures lessons with information and exercises by university teachers and specialists including overseas experts
Acquiring knowledge – class lectures
Learning to apply skills – exercises and practice
Acquiring independent evaluation skills – case studies
Acquiring learning skills – description of topic and critical examination of legislation applied, legal decisions and contracts
Acquiring technical language – legal terminology is explained during the course
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.
The final exam is a one hour written paper consisting of four open questions, two on the first part of the course and two on the second, printed on two sides of an A4 sheet.
The use of any type of text, books, notes, phones, media etc. is not permitted.
Each question carries a maximum of 7.5 marks.
Answers will be assessed overall for knowledge, the ability to apply knowledge, the capacity to communicate with appropriate technical language and terminology, independence of judgment and capacity to learn. The optional oral exam will be assessed on the same criteria.
Other informations
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.
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.
