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Innovation Law

  • Teacher(s):   V.Junod  
  • Course given in: English
  • ECTS Credits: 3 credits
  • Schedule: Autumn Semester 2019-2020, 2.0h. course (weekly average)
  •  sessions
  • site web du cours course website
  • Related programmes:
    Master of Science (MSc) in Management, Orientation Strategy, Organization and Leadership

    Master of Science (MSc) in Management, Orientation Business Analytics

    Master of Science (MSc) in Management, Orientation Marketing

    Maîtrise universitaire ès Sciences en management, Orientation Behaviour, Economics and Evolution

    Master of Law (MLaw) in Law and Economics

 

Objectives

This course is open to both HEC and Law students.

This course should give a taste for the rules (yes, they are some) encouraging and restraining innovation. You should have a better grasp of which rules are helpful and which ones can create problems and how to overcome possible problems.

Upon completion of this course, you should:

- be confident when using common legal tools, such as statutes and court decisions;

- know where to find relevant information and rules

- be acquainted with your rights and obligations as entrepreneurs.

You should also be able:

- to understand how the IP system is organized at the national and international level;

- to identify and prevent legal threats of sanctions (e.g., fines in antitrust law) or loss of benefits (par ex. revocation of patent);

- to better appreciate how courts and administrative agencies operate.

An associated but yet important objective is to improve your public speaking skills. Therefore, you are to present cases, solve problems and participate in class discussions.

The primary focus is on EU law, with some emphasis on Swiss law and sometimes also US law.

Contents

This course analyzes the legal stakes and constraints of innovation. It deals with situations faced by entrepreneurs and managers, by answering the following questions:

- Can I protect my ideas by a patent, a design, a trademark, a copyright, a trade secret or a contract?

- What legal tools may foster the creation and commercialization of innovative products?

- What constraint my company's practices towards competitors and clients?

The two main body of laws covered during this course are the intellectual property (IP) laws and the antitrust laws. Statutes analyzed will typically be European Directives and Regulations, and to a lesser extent Swiss, American statutes.

A choice among various topics will be proposed and then decided by votes of the students. Among the possible topics, will be: internet regulations, privacy regulations, product liability regulations, marketing regulations, big data/ artificial intelligence. Suggestions of additional topics from students are very much welcomed.

This course complements the legal analyses with an interdisciplinary perspective. Intellectual property law and antitrust law have generated a lot of controversy at the international level. The economic, social and ethical implications of the legal regimes are constantly being debated. New IP treaties are under discussion. This course offers opportunities to discuss these contentious issues.

References

The course uses principally:

- statutes;

- court cases;

- powerpoint presentations.

We cover mainly EU law.

Pre-requisites

You should be able to understand and read in English. Your oral English can be "just ok".

You should be able to write in English, but you can have your assignments "proofread" by a native speaker.

Students should have some basic knowledge of business law. .

Students coming from the Law Schoold are of course welcome.

Evaluation

First attempt

Exam:
Without exam (cf. terms)  
Evaluation:

After a first (successful) trial period last year, the course will not have a final evaluation, but a continuous evaluation.

The grade wil be based on the following:

- individual active class participation (25%) (such as ask questions or answer questions)

- group (team) oral presentation (25%)

- group (team) paper (or other format if preapproved) (25%)

- individual paper (or other format if preapproved) (25%)

Your grade will be communicated to you before the start of the exam period.

Retake

Exam:
Oral 0h30 minutes
Documentation:
Allowed
Calculator:
Not allowed
Evaluation:

Makeup session:

Oral exam: 30 minutes preparation; 30 minutes of student presentation + questions. The grades obtained during the semester (even if equal or superior to 4) are no longer taken into consideration.



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