Learning objectives
Knowledge and understanding:
The course aims to allow students to acquire the fundamental legal knowledge of commercial law, with particular focus on intellectual property and competition law, and digital markets law. The course also aims to develop a critical understanding of the application of business law in digital contexts.
Ability to apply knowledge and understanding
At the end of the course, students acquire the ability to (i) assess and interpret the legal issues arising from the context of business marketing and (ii) evaluate the impact of technological innovations on business legal rules.
Autonomy of judgment
At the end of the course, students will be able to (i) apply legal reasoning in business decisions relating to B2B and B2C relationships (ii) express independent and informed judgments about the subject matter of the course (iii) debate different perspectives to address the issues at stake in the marketing activities
Communication Skills:
At the end of the course, students acquire the ability to (i) use the notions and language of business law in communicating in oral and written form, through exams and exercises; (ii) develop relational skills, useful for relating both within the company and with third parties (other market operators or end users of goods and services).
Learning ability
At the end of the course, students will acquire the knowledge and skills to solve problems in dynamic contexts and develop critical positions. The course also allows students to develop the legal methodology to assess facts in light of legal norms and related case-law.
Prerequisites
Knowledge of Private Law and Commercial Law
Course unit content
The course focuses on the fundamental legal areas relevant for marketing activities within the national, European and international legal systems.
After a general introduction, the course will offer a glimpse over the main legal issues of marketing, with a special focus on the digital economy: Intellectual property (Part 1); Competition Law, Regulation of Advertising Practices and Consumer Protection (Part 2); E-Commerce Law (Part 3); Personal data protection law within commercial practice (Part 4)
Full programme
Part I: Intellectual property law
- Introduction to intellectual property law from a European, international and comparative perspective
- Copyright law within marketing activities
- Distinctive signs (with special focus on the protection of trademarks)
- Protection of technological innovation: patents and trade secrets protection (basic notions)
Part II: Competition law, advertising regulation and consumer protection
- Principles of EU and national competition law
- Unfair competition law and advertising regulation
- Antitrust Law
Unfair commercial practices
Part III: E-commerce law
- The liability of Providers of Digital Sevices: from the e-commerce Directive to the Digital Services Act
- Platform to Business Regulation and Digital Markets Act
Part IV: Personal Data Protection Law
- General introduction to the personal data protection law
- Personal data protection law within marketing activities
- Data Protection Law and Digital Markets
Bibliography
Part I: INTELLECTUAL PROPERTY
Dack, S., Kooij, P. A. C. E. van der, Visser, D. J. G., & Vrendenbarg, C. J. S. (2019). EU IP LAW. A short introduction to European intellectual property law. Leiden: Leiden Law School, retrieved open access from: https://hdl.handle.net/1887/3275564
Chapters 1, 2, 4 + 3 (only pp.65-67)
Part II:
UNFAIR COMPETITION LAW, CONSUMER PROTECTION, ADVERTISING
Martin Senftleben, Protection against unfair competition in the European Union: from divergent national approaches to harmonized rules on search result rankings, influencers and greenwashing, Journal of Intellectual Property Law & Practice, Volume 19, Issue 2, February 2024, Pages 149–161, https://doi.org/10.1093/jiplp/jpad123
M. Irrera (ed.), Entrepreneurs and companies in the economic system. Handbook of Italian Business Law, Giappichelli, 2025, ch. 8; As an alternative: P. Auteri, Brief Report on Italian Unfair Competition Law, in Law Against Unfair Competition, Springer, p. 151-160,
Unfair commercial practices directive, Directive on misleading and comparative advertising 2006/114/EC, https://commission.europa.eu/law/law-topic/consumer-protection-law/unfair-commercial-practices-and-price-indication/unfair-commercial-practices-directive_en
ANTITRUST LAW
Davies, Karen, An introduction to EU competition law (cap. 9), in Karen Davies, Maarten van Munster, Isabel Düsterhöft (eds) Understanding European Union Law, Routledge, 2023
TO GO FURTHER (optional)
Whish, Richard, and David Bailey, 'Overview of EU and UK competition law', Competition Law, 11th Edition (2024; online edn, Oxford Academic), https://doi.org/10.1093/he/9780198906032.003.0002, ch. 1, 2. 4, Art. 101 and Art. 102 TFUE
Part III:
S. Scalzini, The Legal Challenges of the Fourth Industrial Revolution: Copyright in the Digital Single Market Between New Uses of Protected Content and Fairness Considerations / 57:(2023), pp. 9-27.
Schwemer, Sebastian Felix, Digital Services Act: A Reform of the e-Commerce Directive and Much More (October 10, 2022). prepared for A Savin, Research Handbook on EU Internet Law (2022), Available at SSRN: https://ssrn.com/abstract=4213014 or http://dx.doi.org/10.2139/ssrn.4213014
Part IV:
European Commission, Data protection explained, https://commission.europa.eu/law/law-topic/data-protection/data-protection-explained_en
Andrew Murray, Information Technology Law: The Law and Society (4th edn., Oxford University Press 2023) section VI (Data privacy), p. 591-657
Other materials will be provided during the course through the platform. Such materials are included within the program of the course.
Non -attending students are required to control the platform.
Teaching methods
Frontal teaching, case studies, interactive discussions, practical exercises (e.g. group works).
The course will be on campus according to the rules of the University. The classes could eventually be held online.
Students’ participation during lectures and group exercises is encouraged and could be considered in the final assessment (up to 2 points for the final evaluation). Further details will be provided during the course.
Assessment methods and criteria
The final evaluation will consist of (1) a written exam and a (2) following oral exam (which could modify the grade of the written exam).
Grades can be assigned on a scale 0-30. During the written exam, the use of any type of text, book, note, phone, media etc. is strictly forbidden.
The oral exam will consist of a critical discussion on the subject matter of the course.
The distinction could be granted in case of achieving the maximum grade in each question, in addition to the ability to correctly use the legal lexicon and the legal reasoning.
A detailed explanation of the final exam will be provided also during the first class.
Participation in classroom and within team working is encouraged and can be positively evaluated (see teaching methods).
Other information
Seminars with experts and key figures could be organised during the courses.
2030 agenda goals for sustainable development
Decent work and economic growth
Industry, innovation and infrastructure
Responsible consumption and production
