Smart Contracts and Intellectual Property Law
A.Y. 2024/2025
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) and to query IP databases.
- 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) and to query IP databases.
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 management, to demonstrate knowledge of different data sources for IP management, and to demonstrate understanding of how to query different IP databases.
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;
- 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 (IP) and its management, and blockchain and Distributed Ledger Technologies (DLTs).
- IP rights;
- patent analysis, quality indicators, and valuation;
- introduction to databases, data models, and database querying;
- patent databases (e.g., Google Patents, Patstat);
- introduction to DLTs, blockchain, and applications;
- smart contracts based on DLTs.
- the subjectivity of the "machine" and the presumption of consent;
- 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 (IP) and its management, and blockchain and Distributed Ledger Technologies (DLTs).
- IP rights;
- patent analysis, quality indicators, and valuation;
- introduction to databases, data models, and database querying;
- patent databases (e.g., Google Patents, Patstat);
- introduction to DLTs, blockchain, and applications;
- smart contracts based on DLTs.
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). 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
Professors:
Ferrari Camilla, Livraga Giovanni
Professor(s)