Universitat Internacional de Catalunya
Commercial Law 1
Other languages of instruction: Catalan
Teaching staff
Introduction
This subject includes an introduction to the basic concepts of commercial law and examines the concepts of trader and company, competition law and intellectual property.
Pre-course requirements
There are no pre-requisites to take this subject, although a good knowledge of the EU and constitutional and civil contract law is recommended.
Objectives
This subject teaches student the basic concepts of commercial law as a branch of law. In particular, it covers the correct application of the different laws that converge in the main private law conflicts (including consumer laws). Students will also learn about competition law and by the end of the term, will master the basic principles of this legislation and be able to identify the risks t posed by major commercial operations.
This course provides students with the necessary tools to solve major disputes that arise in the field of industrial property (IP) rights, mainly in relation to the registration of the relevant IP titles and the infringement by third parties of the rights obtained.
Competences/Learning outcomes of the degree programme
- 11 - To acquire skills for autonomous learning
- 14 - To be aware of the importance of the Law as a regulatory system for social relationships
- 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
- 18 - To understand the different ways of creating Law within its historical evolution as well as its current state
- 19 - To develop the ability to write legal texts
- 21 - To develop the ability to create and structure regulations
- 22 - To be able to identify and interpret documentation normally used in legal and negotiating settings
- 23 - To identify the state, doctrinal and legal framework of a complex legal issue
- 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
- 29 - To be able to gather and interpret economic documentation
- 30 - To master computer techniques for obtaining legal information (legal databases, jurisprudence, and bibliography)
Learning outcomes of the subject
1. To know and understand the introductory concepts of Trade Law
2. To be able to understand the general rules of competition law
3. To be able to distinguish, identify and know the main concepts of Intellectual Property Law.
4. To be able to work autonomously and to plan and organise his/her learning
5. To develop legal communication skills: writing legal briefs and legal arguments
6. To have gained skills in the resolution of legal conflicts of commercial nature
7. To be able to interpret economic documentation and the usual documentation in commercial traffic
8. To develop skills in the drafting of contracts and business documents
Translated with www.DeepL.com/Translator
Syllabus
This subject is divided into three main blocks:
BLOCK A. COMMERCIAL LAW. MARKET, TRADER AND CONSUMER: The general concepts of commercial law (Lessons 1 to 3), with special attention to the study of the development of mercantile law and how national, EU and international law interact as well as the Civil Code, the Commercial Code and special laws. We will analyse the concept of the market as the subject of the regulation of commercial law and the trader and consumer as the subject of that branch of the law.
BLOCK B. MARKET PROTECTION. ANTITRUST LAW AND UNFAIR COMPETITION (Lessons 4 and 5): The main regulations affecting this branch of the law, on what affects the control of the proper functioning of the market, by the public institutions (antitrust) and the protection of competitors and consumers (unfair competition and publicity). Introduction to intellectual property and copyright law.
BLOCK C. EXCLUSIVE RIGHTS ON DISTINCTIVE SIGNS, INVENTIONS AND INDUSTRIAL DESIGNS (Lessons 6 and 7). The different intellectual property rights on distinctive signs, inventions and designs.
WEBSITES OF INTEREST
Comisión Nacional de los Mercados y de la Competencia (CNMC)
European Commission - Competition http://ec.europa.eu/competition/index_en.html
EU Intellectual Property Office (EUIPO)
Oficina Española de Patentes y Marcas (OEPM)
World Intellectual Property Organisation (OMPI)
European Patent Office (EPO)
Chapter Commercial and Competition Law 1 Sections
Chapter 1 Introduction. Commercial law and Market
1.1 Origin, concept and evolution of commercial law
1.2 Sources of commercial law
1.3 Market and commercial law
Chapter 2 The company. Elements and business
2.1 The entrepreneur or trader
2.2 The company. Personal elements
2.3 The company. Immaterial elements and the company as a subject of economics
Chapter 3 Principles of transparency and consumer protection. The Information Society
3.1 Principle of transparency. Information and transparency. Commercial registries
3.2 Principle of consumer protection
3.3 Information society and e-commerce
Chapter 4 Protection of the market. Antitrust law
4.1 The principle of free competition and antitrust law. EU and Spanish systems
4.2 Collusive pacts between companies. Vertical and horizontal agreements
Material
TTABER 2014 recatt20141.pdf
VABER 2010 recav3302010.pdf
Judgement of the CJEU of 13 July 2006 Volkswagen C-74/04
stjue060713vw.pdf
4.3 Abuse of dominant position and other competition infringements. Organisms and procedures
Material
Videos news competition
videosnoticiasdefensadelacompetencia.docx
Chapter 5 Unfair competition. Introduction to copyright law
5.1 Principle of fairness in business. Consumer protection
5.2 General clauses and unfair practices. Procedural aspects
Chapter 6 Intellectual property. Protection of Distinctive Signs. Trademark Law
6.1 Introduction to exclusivity rights. Concept and functioning of trademark rights 6.2 Trademark pre-requisites and registration
6.3 Content of the trademark right. Legal actions
Chapter 7 Protection to R+D+Innovation. Inventions and product forms. Patent Law and Industrial Designs
7.1 Protection of inventions. Patent right, ownership, prerequisites and registry
7.2 Patent rights content. Nullity and expiry. Useful models
7.3 Industrial design and its legal protection
- Origin, concept and evolution of commercial law
- Sources of commercial law
- Market and commercial law
- The entrepreneur or trader
- The enterprise. The personal elements
- The enterprise. Immaterial elements and enterprise as an object of economics
- Principle of transparency. Information and transparency. Commercial registries
- Principle of consumer protection
- Information society and e-commerce
- The principle of free competition and antitrust law. EU and Spanish systems
- Collusive agreements between enterprises. Vertical and horizontal agreements
- Abuse of dominant position and other competition infringements. Organisms and procedures
- Principle of fairness in business. Consumer protection
- The general clause and the unfair practices. Prodecural aspects
- Introduction to exclusivity rights. Concept and function of the right of trademark
- Prerequists and trademark prosecution
- Content of the trademark right. Legal actions
- Protection of inventions. Patent right, ownership, prerequisites and registry
- Patent right content. Nullity and expiry. Utility models
- Industrial design and its legal protection
Teaching and learning activities
In person
Classroom activities for tracking students (individual and group)
Independent study by the student
Independent study and student work
Presentation of the concepts and practical application inside the classroom
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Classroom activities in order to follow up on students (both individual and in a group) | 21 22 23 24 29 |
| Student independent study | 11 17 18 21 24 29 30 |
| Individual and group projects | 19 21 22 23 24 |
| Presenting concepts and their practical application in the classroom | 14 17 18 |
Evaluation systems and criteria
In person
Written tasks for continuous evaluation (45):
Inter-evaluation tests (30). These will take place on 29 October and 13 December and will include the subject matter covered in the previous sessions. The tests will be online and will consist of 15 multiple-choice questions. The first 20 minutes of the session will be used for this purpose, i.e. 8.10-8.24 a.m. 25% will be subtracted for wrong answers.
Resolution of a practical case (15). Each student will be assigned a mandatory case study. This must be solved individually and submitted by email the day before the session in which the case study is dealt with.
The cases will be uploaded to the website several days in advance, and allowing for at least one weekend.
Oral tests for continuous assessment (15):
Participation in class. Participation and the contribution of ideas based on the study undertaken previously to resolve the practical cases will be positively evaluated. At the beginning of each session, the subject dealt with in the previous session will be reviewed, and students will be asked random questions, from which the answer will be taken into account in the assessment of this section.
Final written exam (30):
A final written exam consisting of the resolution of a practical case and a thematic question selected from the course topics. This exam must be passed to pass the subject.
Class attendance (10):
A record will be kept of attendance to class, for which a mark will be given. The student's absence will not imply a downgrade until the third unjustified absence.
In the second examination sitting, the continuous evaluation will only be taken into account if the exam is passed. If it has not been passed it will not be taken into consideration
Bibliography and resources
The materials that we will use can be accessed through the webpage.
It is necessary that the legal texts that will beanalysed at every moment are available to the student at the lecture room.
Reference textbook:
- Alberto BERCOVITZ RODRÍGUEZ-CANO, Apuntes de Derecho Mercantil, last edition, Aranzadi, Navarra
Other textbooks:
- Manuel BROSETA PONT, Manual de Derecho Mercantil, last edition, Tecnos, Madrid
- Fernando SANCHEZ CALERO, Instituciones de Derecho Mercantil, last edition, Editoriales de Derecho Reunidas, Madrid
- Rodrigo URÍA, Lecciones de Derecho Mercantil, last edition, Civitas, Madrid
- Francesc VICENT CHULIA, Compendio Crítico de Derecho Mercantil, last edition, Editorial Bosch, Barcelona