Course 2025-2026 a.y.

30645 - FUNDAMENTALS OF IT AND IP LAW

Department of Law


Class timetable
Exam timetable

Course taught in English
Go to class group/s: 31
BGL (6 credits - II sem. - OBS  |  3 credits IUS/04  |  3 credits IUS/08)
Course Director:
MARIA LILLA' MONTAGNANI

Classes: 31 (II sem.)
Instructors:
Class 31: MARIA LILLA' MONTAGNANI


Suggested background knowledge

To feel comfortable in this course, you should be familiar with the basic concepts of private and public law. To feel comfortable in this course, you should have a good knowledge of the fundamental principles governing market relations, including how legal rules shape business conduct and economic transactions. For a fruitful and effective learning experience, it is recommended a preliminary knowledge in human rights law, in particular the core protections and limitations relevant to freedom of expression, privacy, and the regulation of digital technologies. These forms of background knowledge are not compulsory but may help you navigate more easily the topics addressed in both the IP Law and IT Law modules.

Mission & Content Summary

MISSION

In today’s digital economy, the creation, use, and regulation of intangible assets—such as information, data, and technology—play a central role in shaping markets and societal interactions. Intellectual property law influences how innovation and creativity are protected and commercialized, while IT law governs online communication, data processing, platform responsibilities, and emerging technologies such as AI. The mission of this course is to introduce students to the legal frameworks that underpin these developments and to equip them with the tools needed to understand how law interacts with business practices and technological change. By combining private-law and public-law perspectives, the course contributes to the program’s objective of preparing students to critically analyze legal issues that arise in contemporary global markets.

CONTENT SUMMARY

IP Law module

  • Foundations of IP law: functions of IP rights; international framework (WIPO, TRIPS).
  • Copyright: subject matter; exclusive rights and limitations; authorship; digital challenges including platform liability and AI-generated works.
  • Trademarks: functions; distinctiveness and registration; infringement and dilution; online issues (domain names, keyword advertising).
  • Patents: patentability requirements and exclusions; scope of protection; international filing strategies.
  • Trade secrets: definition, requirements for protection, and remedies for misappropriation.

IT Law module

  • Introduction to IT law: goals and structure; Internet law debates; cyberspace regulation vs. cyberanarchy.
  • Freedom of expression online: comparative perspectives; role and liability of online intermediaries; disinformation and hate speech regulation.
  • Privacy and data protection: comparative foundations; GDPR principles, legal bases, data subject rights, and controller/processor obligations.
  • AI regulation: overview of regulatory approaches; EU AI Act objectives, scope, structure, and obligations.

Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Recognize the functions and rationale of the main intellectual property rights and their role in innovation and market dynamics.
  • Identify the key legal principles governing copyright, trademarks, patents, and trade secrets in both traditional and digital environments.
  • Explain the legal frameworks regulating online communication, platform governance, data protection, and emerging technologies.
  • Summarize the core elements of comparative approaches to freedom of expression, privacy, and data protection.
  • Describe the structure and objectives of major international and regional instruments, including the GDPR and the EU AI Act.
  • Discern how public-law and private-law principles interact in shaping the regulation of digital markets and technological development.

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Apply intellectual property and IT law principles to concrete scenarios involving digital markets, technological innovation, and online interactions.
  • Solve hypothetical legal problems concerning copyright, trademarks, patents, trade secrets, data protection, platform liability, and AI regulation.
  • Evaluate regulatory and strategic options for managing legal risks associated with digital technologies and the use of intangible assets.
  • Interpret relevant case law, legislative instruments, and regulatory frameworks in order to assess their implications for businesses and users.
  • Develop well-structured legal reasoning when addressing conflicts involving fundamental rights, market regulation, and technology.
  • Formulate coherent and persuasive legal arguments in response to problem-based questions and case analyses.

Teaching methods

  • Lectures
  • Guest speaker's talks (in class or in distance)

DETAILS

Face-to-face lectures

Face-to-face lectures provide the core structure of the course and are used to introduce and explain the legal principles, regulatory frameworks, and case law that govern intellectual property, online communication, data protection, and AI regulation. Through systematic presentation and guided discussion, these lectures help students develop a solid conceptual understanding of the subject matter and offer opportunities to examine how legal rules shape business practices and technological developments.

Guest speaker talks

The course also includes one or more guest lectures delivered by attorneys, policy experts, and professionals working in the areas of IP law, data protection, platform regulation, and emerging technologies. These talks illustrate how legal issues arise in practice, present real-world challenges faced by businesses and regulators, and give students the opportunity to engage directly with practitioners. This contributes to strengthening students’ analytical and problem-solving abilities by connecting theoretical content with concrete applications.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
    x

ATTENDING AND NOT ATTENDING STUDENTS

In order to assess the achievement of the above learning outcomes, student assessment is based on a written exam that counts for 100% of the final grade. The exam consists of open-ended questions aimed at evaluating students’ ability to explain the legal principles and regulatory frameworks governing intellectual property, online communication, data protection, platform governance, and AI regulation. These questions assess students’ capacity to summarize and discuss the main features of IP rights, the comparative foundations of freedom of expression and privacy, and the structure and objectives of instruments such as the GDPR and the EU AI Act.

The exam also includes hypothetical problems designed to test students’ analytical skills, namely their ability to identify and address legal issues arising in digital and technological contexts. Students are expected to apply the relevant principles of IP and IT law, evaluate different regulatory or strategic options, and develop coherent legal arguments in response to case-based scenarios.


Teaching materials


ATTENDING AND NOT ATTENDING STUDENTS

For this course, there is no required textbook. All essential readings— including judicial decisions, academic articles, policy documents, and selected case law—will be uploaded on the Bboard platform prior to the relevant classes. Additional materials may be provided during the semester to reflect new developments in the fields of intellectual property, online platform regulation, data protection, and AI governance.

Students who wish to explore specific topics in greater depth may consult optional readings suggested throughout the course; these are not required for the exam. Any updates or changes to teaching materials will be communicated promptly to ensure accurate information for students and for library and Course Reserve services.

Last change 22/12/2025 16:55