Property Rights: Legal Aspects
A.Y. 2024/2025
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 can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
-Introduction: What is intellectual property law; The source of the law.
- Patent: Patentable subject matter, novelty, inventive step/non obviousness, adequate disclosure and enablement, claims interpretation and infringement, remedies; Unitary Patent and Unified Patent Court system.
- Trademark: 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.
- Patent: Patentable subject matter, novelty, inventive step/non obviousness, adequate disclosure and enablement, claims interpretation and infringement, remedies; Unitary Patent and Unified Patent Court system.
- Trademark: 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
Knowledge of the subjects from first year courses.
Teaching methods
Class lecture with analysis of cases and case law from Europe, US and China. Attendees are required to actively interact during classes.
Teaching Resources
Transnational Intellectual Property Law (text and cases) by Robert P. Merges, Seagull Haiyan Song.
Part I (p. 3-22); Part II (p. 25 -243) and Part IV (p.481-625). Only the case law in the book examined in class.
Part I (p. 3-22); Part II (p. 25 -243) and Part IV (p.481-625). Only the case law in the book examined in class.
Assessment methods and Criteria
Written exam consisting of two cases to be solved (one on patents and one on trademarks).
Educational website(s)
Professor(s)