OVERVIEW

Intellectual proprerty has gained a pivotal role in data economy and algorithmic innovation. This course explores the norms and contractual solutions pertaining to intellectual and industrial property (i.e. copyright, patents, trade secrets) and the further areas of the immaterial (i.e. personal and non-personal data). These topics are analyzed under the perspective of innovative processes implemented through the use of algorithmic resources.

The course is taught entirely in English

AIMS AND CONTENT

LEARNING OUTCOMES

The course will analyze the different legal instruments that are meant protect and manage immaterial resources: i.e. trade secrets, patents, copyright, database, and personal data law. Such legal tools, and their contractual settings, will be applied to draw business strategies in the fields of data and algorithmic applications.

AIMS AND LEARNING OUTCOMES

The learning outcomes of this course include:

(i) The introduction of the tools for the protection and management of intangible resources relating to: secret knowledge that enhances the competitiveness of the company (trade secret); creative results also in technological fields such as software (copyright); solutions to technical problems (patent for invention); knowledge deriving from significant investment in the organization of data collections (related right on databases); ownership and circulation of information referable to a natural person (personal data). The student will acquire a specialist knowledge of the subjects covered with reference to both the national and European legislation relating to intangible assets and the interpretative and applicative methodologies referable to these systems of rules: this, primarily, in order to consciously and effectively make choices regarding the forms of protection and enhancement of the intangible assets of a company.

(ii) The training of the student in the prospect of using such tools for business strategies. In particular, the teaching aims to provide theoretical and practical skills relating to the contractual structures that companies can adopt in the management (also collaborative) of the intangible and the relationships between such structures and business strategies to allow the refinement of business models in the technological field.

(iii) The contextualization of knowledge on regulatory tools and contractual management of the intangible to the particular field of data economy and algorithmic innovation both from the perspective of the interest of the individual company and of society in general. In this last regard, one of the main objectives of the teaching is to acquire a critical awareness of the differences between the different models of innovative resources, also in order to interpret and improve the choices of legal regulation relating to technological innovation.

At the end of the learning process, the student will be able to:

- recognize and analyze the regimes of ownership and circulation of intangible assets, including personal data, with particular reference to the use of such assets through algorithmic tools,

- distinguish the contractual forms available to private autonomy intended for the valorization of computational content,

- choose the legal protection and the contractual forms most suitable for implementing managerial strategies for the valorization of intangible resources,

- plan or refine a business model in the aspects related to the protection and exploitation of intangible resources.

Learning of the above is of an advanced type as it involves the acquisition of specialized knowledge not limited to the mere description of the relevant legal rules but to the dynamic use of the latter for the purpose of better management of the innovative enterprise

PREREQUISITES

A basic knowledge of the English language is required. Students are strongly encouraged to consider the language of the course as an opportunity to acquire specific linguistic skills that are typical of the data economy.

TEACHING METHODS

The course is organized through frontal lessons with an interactive method that requires an active participation of the class. Attendance is not mandatory but highly suggested. 

Students who have valid certification of physical or learning disabilities on file with the University and who wish to discuss possible accommodations or other circumstances regarding lectures, coursework and exams, should speak both with the instructor and with Prof. Serena Scotto (scotto@economia.unige.it), the Department’s disability liaison.

SYLLABUS/CONTENT

Introduction to the discipline of the immaterial in the algorithmic age

Copyright in traditional sectors

Software protection

The protection of databases

Copyright and artificial intelligence

Patents

Inventions in the chemical and biotechnological sectors

Inventions and algorithms

Trade secrets

The regulation of personal data

Contracts for the circulation and aggregation of intangible assets

Contracts for the exploitation of algorithmic resources

RECOMMENDED READING/BIBLIOGRAPHY

For attending students, the following will be required:
1. lesson notes;
2. textbook "WIPO Intellectual Property Handbook", 2004, available at the WIPO's website, from page 17 to 67, from page 172 to 194, from page 435 to 442;
3. the following articles:

• Robert Merges, A New Dynamism in the Public Domain, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=558751,
• Robert Merges, From Medieval Guilds to Open Source Software: Informal Norms, Appropriability Institutions, and Innovation, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=661543,
• Pamela Samuelson, Suzanne Scotchmer, The Law & Economics of Revrse Enrgineering available at linkhttps://people.ischool.berkeley.edu/~pam/papers/l&e%20reveng3.pdf.

For non attending students, the following will be required:
1. textbook "WIPO Intellectual Property Handbook", 2004, available at the WIPO's website, from page 17 to 162, from page 172 to 194, from page 435 to 442;
2.  the following articles:

• Robert Merges, A New Dynamism in the Public Domain, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=558751,
• Robert Merges, From Medieval Guilds to Open Source Software: Informal Norms, Appropriability Institutions, and Innovation, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=661543,
• Pamela Samuelson, Suzanne Scotchmer, The Law & Economics of Revrse Enrgineering available at linkhttps://people.ischool.berkeley.edu/~pam/papers/l&e%20reveng3.pdf.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Classes are held in the first semester according to the calendar and timetable defined by the Department of Economics. The class schedule and classrooms are available at www.easyacademy.unige.it

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exams will be held exclusively in oral form and in English

ASSESSMENT METHODS

The assessment of the acquired knowledge and skills will take place in the following ways:

- punctual questions on regulatory rules or on cases deriving from practice,

- solution to practical problems relating to disputes or contractual arrangements.

The assessment method enhances the argumentative ability and the property of language in a dialectical way.

FURTHER INFORMATION

The lecturer analyzed and considered the results of the teaching evaluation questionnaires relating to the previous academic year.