20143 - INTELLECTUAL PROPERTY AND COMPETITION LAW
Course taught in English
Go to class group/s: 22
This course considers legal issues related to innovation markets and intellectual property in an international environment. The course focuses on international intellectual property legislation, rules and practices in the light of the "modernization package" and the process of globalization. Topics include the use of traditional intellectual property rights protection (patents, copyright) with particular reference to innovation markets and the boundaries between competitiveness and intellectual property. The course concludes by examining the interaction between national, EU, US and international levels of intellectual property protection, and international competitiveness of companies and countries.
The main objective of this course is to provide students with technical tools enabling them to efficiently handle, in their professional future, practical and legal intellectual property issues and cases.
Patenting abroad in Europe and in the world: existing laws, treaties and systems, including their strengths and weaknesses and their legal and economic effects; the European patent system and current discussions on the Community Patent; business method patents and blocking patents; oppositions; patent wars.
Digital networks and intellectual property: Internet and copyright issues: norm-setting activities in Europe, in the USA and in the world; Internet domain names; software protection; databases; technological standards and intellectual property.
Intellectual property licensing (legal issues) and valuation of intellectual property rights.
Enforcement of intellectual property: valuation of enforcement mechanisms and practices at international level; lawsuits vs. mediation and arbitration; fighting counterfeiting and piracy on a world-wide basis: issues, options and solutions in Europe and in the world.
Norm-setting at national, EU and international levels: trade-related agreements and intellectual property: multilateral vs. bilateral approach? The TRIPS Agreement, including Doha and post-Doha decisions; TRIPS, public health and other innovative issues; post-TRIPS negotiations: current negotiations and their possible effects on private intellectual property rights protection and promotion.
Written exam with open ended questions; class participation; voluntary individual assignments and group assignments.
The reading material is made available online at the beginning of the course and it is possible to download it from the Bocconi learning space.