IP & TECH TRANSFER LAW

The course explores the legal, strategic, and ethical dimensions of Intellectual Property (IP) in the context of global sustainability challenges. It aims at offering a comprehensive analysis of core IP rights - copyright, trademarks and patents - highlighting their role in shaping innovation ecosystems. Students will learn how these rights can be managed to foster responsible innovation while supporting sustainable development goals (SDGs). Emphasis is placed on aligning IP strategies with environmental, social, and economic sustainability. The course also examines technology transfer mechanisms, from licensing to public-private partnerships, as tools for equitable knowledge diffusion. Real-world case studies illustrate how IP frameworks can either accelerate or hinder access to clean technologies, health innovations, and digital solutions. Attention is given to open innovation, IP sharing models, and ethical concerns around exclusivity.

Good knowledge of English is required (oral and written). Compulsory course attendance.

By the end of the course, students should be able to: • develop a critical comprehension of the interplay between intellectual property law, ethical legal principles and economic, social and technological development; • comprehend the role of Intellectual Property Rights and technological transfer to meet sustainable development goals; • understand different forms and tools of open and collaborative innovation with an empirical methodology and approach; 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; • apply IP with a sustainable approach; • assess and interpret the open and collaborative innovation mechanisms tools and be able to correctly apply intellectual property rules in different contexts and situations. Making judgements: Upon completing the study program, students will be able to: • present an informed scientific opinion in the public debate concerning the current challenges of intellectual property systems; • apply reasoning in business and institutional decisions concerning open innovation management and sustainability challenges • gather and interpret information and data from different sources, in order to make judgements in an independent way • prepare original research supported by relevant bibliography and data analysis, and debate different perspectives to address the issue. 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 and the class debate. • use the notions and the communication of Intellectual property Law • participate in a public policy debate, by researching and expressing expert opinions Learning skills: Upon completing the study program, students will be able to: • build an analytic toolbox from both legal and ethical analysis • solve problems in dynamics settings (such as those of open and collaborative innovation) 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.

The course is divided into two parts: the main part and the special part. The first part of the course provides a foundational understanding of the main intellectual property rights—copyright, trademarks, and patents—within the EU legal framework. Each of these IP rights is examined not only from a legal and regulatory perspective but also in relation to sustainability. This approach encourages students to critically reflect on how IP can support or hinder sustainable development goals and responsible innovation. The second part of the course shifts focus to explore advanced and emerging issues in the field of IP. These sessions delve into the role of intellectual property in facilitating technological transfer, the impact of artificial intelligence in the constitution, administration and enforcement of IP rights, and the ways in which IP intersects with human rights.

All readings are available open access or via Luiss on-line subscriptions. Other materials will be provided during the course or listed on the Luiss Learn Platform. Two text books are recommended for background readings and revision of basic notions addressed during the course (a selection of specific readings are recommended/ proposed for the individual topics): Annette Kur, Thomas Dreier & Stefan Luginbuehl, European Intellectual Property Law: Text, Cases and Materials, 2 ed. Edward Elgar, 2019. Dana Mietzner & Christian Schultz (ed), New Perspectives in Technology Transfer: Theories, Concepts, and Practices in an Age of Complexity, Springer, 2021.

Frontal teaching/case studies/interactive discussions/practical exercises (both individual and group works). Students’ participation during lectures is strongly encouraged and will be considered in the final assessment.

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- a submission of a research paper, putting the document/ case presented in the broader context of the course. The assessment will be finally confirmed during the written exam on (i) 9 multiple-choice questions (ii) two open questions. 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 and technological transfer in the EU and multi-level context, as well as students’ ability to decline in the perspective of fostering innovation and sustainability; (ii) appropriate use of the legal vocabulary, (iii) ability to analyse and evaluate relevant sources.

Upon merit.