INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS

Christophe Geiger

Instructional goals

The course introduces students to the foundations and the evolution of European Union Intellectual Property Law, with a special focus on the relationship among Innovation, Intellectual Property Law and Ethics. The goal of the course is twofold: on the one hand, it aims to equip students with tools to understand the construction of European Intellectual Property Law within the multilevel EU system; on the other hand, it aims to develop student ability to critically analyze the interplay between intellectual property law, ethical legal principles (such as fundamental rights) and economic, social and technological development.

Intended learning outcomes

Knowledge and understanding: By the end of the course, students should be able to: • develop a critical comprehension of the interplay between intellectual property law and economic, social and technological development; • comprehend the basic principles and notions of Intellectual Property Rights in Europe Applying knowledge and understanding: Upon completing the study program, students will be able to: • evaluate the impact of economic and social changes on Intellectual Property multi-level regulation • be able to correctly interpret and apply intellectual property rules in different contexts and situations. Making judgements: Upon completing the study program, students will be able to: • present an informed opinion in the public debate concerning some of the current challenges of intellectual property systems; • gather and interpret information and data from different sources, in order to make judgments in an independent way • prepare a brief research paper in Intellectual Property supported by relevant bibliography Communications Skills: Upon completing the study program, students will be able to: • develop the ability to communicate in written form through completing the assignment and oral form through the final exam, the students’presentations and the class debate. • use the notions and the communication of Intellectual property Law • foster the development relational skills in international and multicultural settings Learning skills: Upon completing the study program, students will be able to: • build an analytic toolbox from both empirical, ethical and legal analysis; • solve problems in dynamics settings and develop critical positions This ability will be acquired through: class participation, class debate, and research carried out for the drafting of the written assignment.

Course Contents

The course focuses on European Union and International Intellectual Property Law, with a special focus on the relationship among Innovation, Intellectual Property Law and Ethics. After an introduction to the goals and the functions of Intellectual Property Rights, the course will analyze the evolutionary path of EU Intellectual Property law (including Copyright Law, Patent Law, Trademarks, and Rights in Data and Information), with a focus on potential areas of conflict with ethical principles, in particular in the context of new technological developments.

Reference Books

1) Justine Pila – Paul Torremans, European Intellectual Property Law, Oxford University Press, 2nd ed., 2019/ Annette Kur- Thomas Dreier- Stefan Luginbuehl- European Intellectual Property Law: Text, Cases and Materials, 2nd. ed., Edward Elgar 2019 2) Further readings and materials (including slides) will be indicated and/or provided during the course and listed in the Luiss Learn Platform

Teaching Methods

Frontal teaching, case studies, short student presentations (exposés), practical exercises (both individual and group works) and seminar series on selected topics with the participation of experts and key figures. Some lessons will be preceded by students’ short presentations on topics and cases agreed at the beginning of the course.

Assessment Method

Participants will be assessed based on class participation, one short presentation to the class of a case or document -of max. 10 minutes preferably using PPT- and a submission of a final research paper, putting the document/ case presented in the broader context of the course. The assessment will be finally confirmed during the final oral exam session, which will consist on (i) one question on the paper and (ii) one question the knowledge of the full program. The presentation should include a short introduction, a summary of the facts of the case, the outcome of the decision, a short analysis/ assessment underlying the relevance of the case, and a conclusion. The slides of the presentation should be sent after the class presentation. The research paper should contain accurate citations and a short bibliography of the materials used. The final grade will be expressed in thirtieths and it will take into consideration the following criteria: (i) knowledge and understanding of the principles and the notions of IP in the EU and multi-level context, as well as students’ ability to apply them to concrete settings; (ii) appropriate use of the legal vocabulary, (iii) ability to analyse and evaluate relevant sources.

Thesis assignment criteria

None