1. General information
Course:
INDUSTRIAL PROPERTY AND COMPETITION LAW
Code:
35337
Type:
ELECTIVE
ECTS credits:
4.5
Degree:
334 - UNDERGRADUATE DEGREE PROGRAMME IN LAW
Academic year:
2022-23
Center:
3 - FACULTY OF LAW OF ALBACETE
Group(s):
10
Year:
4
Duration:
First semester
Main language:
Spanish
Second language:
Use of additional languages:
English Friendly:
Y
Web site:
Bilingual:
N
Lecturer:
MONICA DE LA CALZADA DEL PINO
- Group(s):
10
Building/Office
Department
Phone number
Email
Office hours
Melchor de Macanaz/223
DERECHO PÚBLICO Y DE LA EMPRESA
2366
monica.delacalzada@uclm.es
Lecturer:
ASCENSION GALLEGO CORCOLES
- Group(s):
10
Building/Office
Department
Phone number
Email
Office hours
Melchor de Macanaz 2.01
DERECHO PÚBLICO Y DE LA EMPRESA
2324
ascension.gallego@uclm.es
2. Pre-Requisites
It is recommended to have previously passed Commercial Law I and Commercial Law II.
3. Justification in the curriculum, relation to other subjects and to the profession
“Competition Law and Industrial Property Rigths” is divided up into two relevant parts of Commercial Law. It deals with the rules that aim to protect free competition and fair competition among undertakings in Spain. Likewise, industrial property regulations concerns both the so-called law of inventions (such as patents and utility models), and distinctive signs, such as trademarks and trade names. These are important tools of business activity that identify the undertakings and its products or services. The content of “Competition Law and Industrial Property Rights” is of a great importance, as the knowledge and competences adquired are likely to be used in the practical practice of business law and are also related to other disciplines such as Administrative Law, Civil Law and Procedural Law, among others.
4. Degree competences achieved in this course
| Course competences | |
|---|---|
| Code | Description |
| E02 | To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems. |
| E03 | Learn to use constitutional principles and values as a working tool in the interpretation of the legal system. |
| E04 | Ability to search, identify and use legal sources (legal, jurisprudential and doctrinal). |
| E05 | Ability to read, interpret, analyse and write legal documents from an interdisciplinary perspective. |
| E06 | Master the new technologies by applying them to law (databases of legislation and case law, bibliographies) and use the Internet to obtain information and communicate data. |
| E08 | Work on dialogue, debate, argumentation and the proposal of reasonable solutions in different contexts. |
| E09 | To apply the legal system based on the values and ethical principles of the different legal professions. |
| E11 | Ability to create and structure standards. |
5. Objectives or Learning Outcomes
| Course learning outcomes | |
|---|---|
| Not established. | |
| Additional outcomes | |
| Description | |
| Understanding of the main institutions and sources of production of Competition Law and of Industrial Property Law. | |
6. Units / Contents
-
Unit 1: INTRODUCTION TO COMPETITION LAW
-
Unit 2: FREE COMPETITON LAW
-
Unit 3: LEGAL PROTECTION AGAINST UNFAIR COMPETITION
-
Unit 4: INTRODUCTION TO INDUSTRIAL PROPERTY RIGHTS
-
Unit 5: INDUSTRIAL CREATIONS PROTECTED BY INDUSTRIAL PROPERTY RIGHTS
-
Unit 6: DISTINCTIVE SIGNS PROTECTION
7. Activities, Units/Modules and Methodology
| Training Activity | Methodology | Related Competences (only degrees before RD 822/2021) | ECTS | Hours | As | Com | Description | |
| Class Attendance (theory) [ON-SITE] | Lectures | E11 | 0.84 | 21 | N | N | ||
| Class Attendance (practical) [ON-SITE] | Problem solving and exercises | E04 | 0.45 | 11.25 | N | N | ||
| Writing of reports or projects [OFF-SITE] | Practical or hands-on activities | E05 | 0.9 | 22.5 | Y | N | ||
| Study and Exam Preparation [OFF-SITE] | Self-study | 1.5 | 37.5 | N | N | |||
| Study and Exam Preparation [OFF-SITE] | Self-study | 0.75 | 18.75 | N | N | |||
| Final test [ON-SITE] | 0.06 | 1.5 | Y | Y | ||||
| Total: | 4.5 | 112.5 | ||||||
| Total credits of in-class work: 1.35 | Total class time hours: 33.75 | |||||||
| Total credits of out of class work: 3.15 | Total hours of out of class work: 78.75 | |||||||
As: Assessable training activity Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).
8. Evaluation criteria and Grading System
| Evaluation System | Continuous assessment | Non-continuous evaluation * | Description |
| Final test | 60.00% | 60.00% | Written exam |
| Assessment of problem solving and/or case studies | 40.00% | 40.00% | Problem solving and/or case studies |
| Total: | 100.00% | 100.00% |
According to art. 4 of the UCLM Student Evaluation Regulations, it must be provided to students who cannot regularly attend face-to-face training activities the passing of the subject, having the right (art. 12.2) to be globally graded, in 2 annual calls per subject , an ordinary and an extraordinary one (evaluating 100% of the competences).
Evaluation criteria for the final exam:
-
Continuous assessment:Assessment of problems solving and/or case studies: during the semester the student shall submit several practical exercises that will be previously announced through the Moodle platform.
Where appropriate, and without prejudice to the above -and provided that the grade obtained is higher than 4/10-, special participation evidenced by students throughout the theoretical and practical classes may be assessed.
If, due to exceptional circumstances, collective exams cannot be held in person, evaluation will take place orally. -
Non-continuous evaluation:If, due to exceptional circumstances, collective exams cannot be held in person, evaluation will take place orally.
Assessment of problems solving and/or case studies: if the student has not passed this part through a continous assessment, a practical part (problem solving and/or case study) will is to be held on the date of the exam
Specifications for the resit/retake exam:
Evaluation with theoretical content (60%) and practical content (40%).
If, due to exceptional circumstances, collective exams cannot be held in person, evaluation will take place orally.
If, due to exceptional circumstances, collective exams cannot be held in person, evaluation will take place orally.
Specifications for the second resit / retake exam:
Evaluation with theoretical content (60%) and practical content (40%).
If, due to exceptional circumstances, collective exams cannot be held in person, evaluation will take place orally.
If, due to exceptional circumstances, collective exams cannot be held in person, evaluation will take place orally.
9. Assignments, course calendar and important dates
| Not related to the syllabus/contents | |
|---|---|
| Hours | hours |
| Unit 1 (de 6): INTRODUCTION TO COMPETITION LAW | |
|---|---|
| Teaching period: one and a half week |
| Unit 2 (de 6): FREE COMPETITON LAW | |
|---|---|
| Teaching period: three weeks |
| Unit 3 (de 6): LEGAL PROTECTION AGAINST UNFAIR COMPETITION | |
|---|---|
| Teaching period: three weeks |
| Unit 4 (de 6): INTRODUCTION TO INDUSTRIAL PROPERTY RIGHTS | |
|---|---|
| Teaching period: one and a half week |
| Unit 5 (de 6): INDUSTRIAL CREATIONS PROTECTED BY INDUSTRIAL PROPERTY RIGHTS | |
|---|---|
| Teaching period: three weeks |
| Unit 6 (de 6): DISTINCTIVE SIGNS PROTECTION | |
|---|---|
| Teaching period: three weeks |
| General comments about the planning: | In any case, such temporary planning may be subject to variations as a result of unforeseen circumstances; however, any change would always be duly communicated through MOODLE. |
10. Bibliography and Sources
