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The objective of the course is to increase awareness and understanding of principles, frameworks and legal instruments which apply to informational capital. It does so by (a) identifying the special legal problems linked to the protection of informational capital as an intangible asset, (b) illustrating the ways in which the law provides the legal framework for protecting informational capital and the value that may come from it, (c) examining how the law determines the balance between the commercial exploitation of information capital and public policy objectives, and (d) providing the student with experience in dealing with assignment of rights, licensing transactions and synergistic business relationships.
Over the years a significant change regarding the asset compositions of business enterprises became apparent. Intangible assets like data, information and intellectual property (i.e. informational capital) are the new source of corporate value and growth. This maxim holds as true for a broad spectrum of companies, small and medium ones included. Such value may come from a new innovation, edging out competitors in a market, creating a revenue stream where there was none, or increasing market reputation. Informational capital may be exploited in many ways. This course analyzes, also via guided class discussions of the leading legal decisions on the matter, the legal principles and business contracts that govern the creation, the management and the transfer of informational capital. In particular, the following topics will be covered: • Trademark law • Licensing, merchandising and sponsorship agreements • The on-line contractual and non-contractual usages of trademarks • Data and the legal public regimes protecting data • Data contractual protection • Personal data and privacy protection • Privacy protection at work • Big Data and Competition • Patent Law • Patent licenses: patent pools and open patents • Copyright law • Standard setting organizations
The materials, ppt presentations, readings and case law, will be made available online.
The exam will encompass three scenario questions where students will be called to elicit the legal issues underpinning the given facts.