INTELLECTUAL PROPERTY RIGHTS

Massimiliano Granieri

Instructional goals

Because of the intrinsically volatile nature of knowledge and information, in the current economic setting intellectual property rights have gone a long way towards becoming the pillars of the knowledge economy and powerful leverages in the hands of managers. Whether advocating open innovation or traditionally close innovation models, virtually each economic sector, each industry and entrepreneurial activity (regardless the size, from start-up to established MNC) and institutions of any dimension deal with intellectual property, from life sciences and clean technologies, to pharmaceuticals, agro-food, fashion and luxury, and entertainment. This course is aimed at providing students with a basic and operational knowledge of topics in intellectual property and the transfer of technology as a critical disciplinary endowment for future managerial decisions in high-tech, knowledge-intensive industrial sectors and services, as well as in traditional industries. The course will hinge on the fundamental legal notions about intellectual property protection, but it will also move forward, along the lines of a marked law-and-business approach, in mixing legal, technological and economic views to make students acquainted with the complexities of institutional decision-making when intangible assets are involved.

Prerequisites

There are no pre-requisites for this course, although basic knowledge of legal concepts might be helpful

Intended learning outcomes

As a result of this course, the student will have a fairly complete knowledge of the regulatory framework governing intellectual property rights at regional and international level and will be able to apply substantive and procedural notions to solve cases of particular complexity that involve the management of intellectual property rights in corporate context.

Course Contents

The course deals with intellectual property rights as legal techniques as well as peculiar and unique leverages managers have over intangible resources of the firm. How companies are able to gain and retain a competitive advantage through the management of R&D’s results is explained, moving from the basic assumption of economic theories that justify intellectual property protection. Lessons will deal with all main types of intellectual property rights, although preference will be given to the main forms of protection, moving from trade secrecy protection (in light of the international regulations and the current EU directive), patents (both at national and supranational level, including the PCT system), trademarks (both national, European and international), copyrights (particularly as far as digital copyright is concerned in the wake of the digital revolution and the recent developments at European level about online activities). For each form of protection, the course will explore subject-matter, the way rights are generated, international procedures for protection, requirements and enforcement. The course will also discuss recent challenges to the intellectual property system, including open source movements (for software and content protection, and beyond), the interaction within intellectual property and additive manufacturing (3D printing) and the impact of artificial intelligence (AI) and machine learning (ML) on creative and inventive activities.

Reference Books

Massimiliano Granieri, Intellectual Property for Managers. Law, Practice and Strategy, Luiss University Press, II edition (forthcoming 2023). The first edition is still available for initial consultation (ISBN: 978-88-6105-187-4) http://www.luissuniversitypress.it/site/it-IT/Scheda/default.html?SchedaID=14016 http://www.ibs.it/code/9788861051874/granieri-massimiliano/intellectual-property-managers.html Additional papers on specific topics not covered in the book will be made available through the elearn.LUISS platform for each module they refer, together with a deck of slides used in class. Typically, students are expected to use and combine three sources for passing the exam; their notes, the book and the slides made available by the instructor.

Teaching Methods

The course is based on lectures and also on discussions of cases with students. Participation is encouraged and interactions on class topics are part of the teaching methodology.

Assessment Method

Take-home individual assignment to be dispatched few days before the official date of the exam and brief oral review. Final grades will be discussed, approved and eventually uploaded the day of the session published by the registrar office. Assessment is based on analytical accurateness, correct application of notions learned, appropriate terminology and rigorous reasoning.

Thesis assignment criteria

There are no specific requirements for the assignment of a master thesis in this course. Candidates are encouraged to come forward with their own proposals of topics and an additional list of arguments is available with the instructor.

Week 1 Contenuto sessioni on line e on campus

Day 1: Introduction and methodology. Purposes of the course and outline of the content and organization. Exams, textbooks and office hours Day 2: Policy justifications for intellectual property protection. The paradigm of incentive and the market failure.

Week 2 Contenuto sessioni on line e on campus

Day 1: The tragedy of the commons and the conceptual underpinning of intellectual property rights. From tragedy to tragedy: the anticommons Day 2: Types of knowledge and knowledge codification. Knowledge, information, awareness

Week 3 Contenuto sessioni on line e on campus

Day 1: The narrative of human knowledge and the inverted pyramid. Basic knowledge and applied knowledge. Inventions, creations, discovery. Exceptions Day 2: Public domain and a comparison with available alternatives: secrets and IP rights. Differences and similarities

Week 4 Contenuto sessioni on line e on campus

Day 1: Trade secrets and international regulation. The relationship with FDI policies and the contribution of the TRIPs. The new European directive on trade secrets. Day 2: Issues of trade secrets: the "idea-sumbitter" problem (lab experiment). Agreements of non-disclosure.

Week 5 Contenuto sessioni on line e on campus

Day 1. Protection by patents. Defining inventions (lab experiment) to the purposes of patent protection. Basic principles of patent law. Day 2: Substantive patent law. Requirements for protection. Exceptions and exclusions from patentability.

Week 6 Contenuto sessioni on line e on campus

Day 1: Patent protection and freedom to operate. The notion of infringement. Patenting and inventing around. Implications for tech transfer (concept of BATNA) Day 2: Patents, software and business model. The actual reach of patent law in the digital markets

Week 7 Contenuto sessioni on line e on campus

Day 1. Principles of trademark protection. Substantive patent law. Requirements for protection Day 2. Trademark protection, the exhaustion principle and parallel import.

Week 8 Contenuto sessioni on line e on campus

Day 1 and 2: no classes held because of the intermediate test.

Week 9 Contenuto sessioni on line e on campus

Day 1. Copyright protection. Subject matter and actual reach of copyright protection in the digital economy Day 2. Works of authorship and requirements for protection.

Week 10 Contenuto sessioni on line e on campus

Day 1. International copyright law. Neighbouring rights. Term of protection. Fair and free uses. Day 2. The problem with copyright in the digital world. From Gutenberg to Google. Digital rights management (DRM) techniques.

Week 11 Contenuto sessioni on line e on campus

Day 1. Digital rights management systems and the evolution of digital copyright Day 2. Basic notions of intellectual property exploitation agreements

Week 12 Contenuto sessioni on line e on campus

Day 1. Ownership of intellectual property rights. The myth of the sole inventor and the employer-employee nexus. Day 2. Intellectual property and standardization processes