B5541 - DIRITTO DELL'INNOVAZIONE TECNOLOGICA

Course contents

• Lecture 1: Technological Innovation and Legal Regulations
• Lecture 2: Algorithms and Software as Objects of Legal Protection: An Introduction
• Lecture 3: Legal Tools for Software Protection (Part I): Copyright and Technological Protection Measures
• Lecture 4: Legal Tools for Software Protection (Part II): Patents and Source Code Secrecy
• Lecture 5: The Legal Regime of Software and Algorithms Created During Employment or Under Commission
• Lecture 6: Workshop: Software Development and Licensing Contracts: Analysis of Main Clauses
• Lecture 7: The Legal Framework for Data: An Introduction
• Lecture 8: Protection of Confidential Data in Light of Trade Secrets Legislation
• Lecture 9: Non-Personal Data Aggregates in Light of Database Legislation
• Lecture 10: Personal Data and Non-Monetary Transactions: Contracts for Content/Services in Exchange for Data
• Lecture 11: Technical and Contractual Instruments for the Legal Processing and Circulation of Data
• Lecture 12: Workshop: Non-Disclosure Agreements: Analysis of Main Clauses

Readings/Bibliography

Given the seminar and practical nature of the course, relevant materials will be indicated by the teacher during each lecture and uploaded to "Virtuale," the e-learning platform of Unibo, at the end of each class.

Teaching methods

The course has a seminar structure and an extremely practical and participatory approach. Each lecture will delve into a specific topic (as indicated in the syllabus above), starting with the presentation of one or more legal issues. This will be followed by a discussion, led by the teacher and with the participation of the students, of the regulatory, technical, and contractual solutions permitted by current legislation and adopted in commercial practice. In the workshop sessions, students will be required to personally analyze the main clauses of certain contract models.

Assessment methods

Attending students will be assessed based on: (a) their active participation in class, particularly during the workshop sessions, and (b) the result of a written test, according to the following criteria.

(a) Active class participation: from 0 to 8 points (0 to 2 points for no or poor participation; 3 to 4 points for limited or sufficient participation; 5 to 7 points for fair, good, or very good participation; 8 points for excellent participation).

(b) Written test (maximum time allowed 120 minutes) consisting of:

• 10 multiple-choice questions, with three possible answers, only one of which is correct;
• 2 open-ended questions, which may also include a practical case.
  

The final grade will be the sum of the following scores:

• 1 point for each correct answer to the 10 multiple-choice questions [Note: There are no penalties for incorrect answers or unanswered multiple-choice questions];
  1 to 6 points for each correct answer to the 2 open-ended questions [Note: More specifically, 1-2 points for a sufficient or slightly above sufficient answer, indicating limited critical ability and some difficulty in using legal-technical language; 3-4 points for a fair or good answer, indicating fair or good critical ability and fair or good use of legal-technical language; 5-6 points for a very good or excellent answer, indicating significant critical ability and full command of legal-technical language].
  

For non-attending students, the Innovation Technology Law exam will be conducted exclusively in oral form, with 3-4 open-ended questions on the materials provided by the instructor. The assessment will consider knowledge of the subject, ability to analyze jurisprudential and doctrinal trends, ability to make connections between different parts of the program, ability to develop critical arguments, and the articulation and accuracy of the presentation.

The final grade will be based on the following criteria:

• Sufficient or slightly above sufficient preparation on the topics covered, limited critical ability, difficulty using legal-technical language: grade 18-21;
• Fair or rather good preparation on the topics covered, fair critical ability, good use of legal-technical language: grade 22-25;
• Good or more than good preparation on the topics covered, good critical ability, command of legal-technical language: grade 26-29;
• Substantially exhaustive preparation on the topics covered, excellent critical ability, full command of legal-technical language: grade 30-30L.

For exam purposes, students who attend at least 75% of the total course hours will be considered as attending.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools can communicate their needs to the teacher in order to be directed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giorgio Spedicato