2021/2022

2023/2024

DM270

IUS/04 (COMMERCIAL LAW)

DEPARTMENT OF POLITICAL AND SOCIAL SCIENCES

COMMUNICATION, INNOVATION, MULTIMEDIA

PERCORSO COMUNE

3°

1st semester (02/10/2023 - 15/12/2023)

6

36 lesson hours

Italian

WRITTEN TEST

BERTANI MICHELE GIUSEPPE (titolare) - 6 ECTS

During the lectures, the topics covered by the course will be treated in ways that allow learning even for students who have not previously acquired specific skills in legal matters.

The course aims to provide students with knowledge of the basic features of the Italian and Euro-unitary system of copyright and advertising regulations. It also aims to make them acquire mastery of the specific vocabulary of the regulatory systems just mentioned, as well as to make them understand the function performed (as regards copyright) in the context of the regulation of the markets of cultural products and respectively (as regards the regulation of advertising) within the framework of consumer protection as arbiter of economic competition.

Copyright
-Historical introduction on the evolution of the discipline for the protection of copyrightable works
-Brief notes on the economics of intellectual property
-The origin of the patrimonial and moral rights of the author
-The object of protection and the protectability requirements of intellectual works
-The regulation of ownership of patrimonial and moral rights
-The content of copyright patrimonial rights
-The moral rights of the author

The discipline of the advertising
-The regulatory systems governing advertising in Italy: historical evolution and sources of the discipline
-Discipline of advertising and consumer sovereignty
-The ban on misleading advertising
-The ban on hidden advertising
-The discipline of comparative advertising
-Regulatory systems and sanctioning profiles

The course will have a predominantly seminar character, with frontal lessons. The systematic reconstruction of copyright and advertising regulations will be constantly integrated by the discussion of jurisprudential cases, with particular reference to the problems connected to the use of intellectual works and advertising on online platforms and through new media.
During the lesson period, attending students will be invited to carry out mock trials in which, taking the parts of judge, plaintiff and defendant, they will discuss controversies already known in jurisprudence. These activities and the related performances will be evaluated and the related outcome will be considered for the purposes of determining the final grade.

For copyright law:
-BERTANI, Diritto d’autore europeo, Giappichelli, Torino, 2011, pages 1-56, 71-273

For the part relating to advertising law, attending students will be able to make use of the lecture notes. Other materials will be made available during the course. Alternatively, and so among other things in case of non-attendance, we recommend studying:

-AA. VV., Diritto industriale. Proprietà intellettuale e concorrenza, VI ed., Giappichelli, Torino, 2023, pages 444-473.

On Kiro platform, recorded lessons are available.

At the end of the course the final test, both for attending and non-attending students, will consist of an oral exam, in which the students' preparation will be tested with reference to their knowledge of the discipline of advertising and the protection of intellectual works. through copyright.
Attending students will be able to undertake at their discretion an intermediate oral exercise in the form of mock trials on advertising law, in which they will play the role of judges or defenders of the parties. Participation in the exercise will be evaluated for the purposes of determining the final grade and will allow the final exam to be carried out in oral form only on the part of the program relating to copyright.

Suitable methods of verification (both intermediate and final) of preparation - including the possibility of taking the test remotely and/or in writing - will be provided for students falling into the beneficiary categories of the innovative teaching project. To this end, eligible students are invited to contact the teacher at the institutional address (michele.bertani@unipv.it).

Attending the course and preparing for the exam require continuous consultation of the law. 633/1941 on copyright and advertising legislation (Legislative Decree 145/2007, consumer code, IAP Code of self-regulation of commercial communication), available on the Internet.

4, 8, 16, 17
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