Universitat Internacional de Catalunya

Commercial Law 1

Commercial Law 1
6
10031
3
First semester
OB
Main language of instruction: Spanish

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.

Competencies

  • 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

  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

Syllabus

TOPICS UNDER TRADE LAW 1


  1. Origin, concept and evolution of commercial law
  2. Sources of commercial law
  3. Market and commercial law

  1. The entrepreneur or trader
  2. The enterprise. The personal elements
  3. The enterprise. Immaterial elements and enterprise as an object of economics

  1. Principle of transparency. Information and transparency. Commercial registries
  2. Principle of consumer protection
  3. Information society and e-commerce

  1. The principle of free competition and antitrust law. EU and Spanish systems
  2. Collusive agreements between enterprises. Vertical and horizontal agreements
  3. Abuse of dominant position and other competition infringements. Organisms and procedures

  1. Principle of fairness in business. The unfair competition
  2. Unfair practices
  3. Advertising and trade secrets

  1. Introduction to exclusivity rights. Concept and function of the right of trademark
  2. Prerequists and trademark prosecution
  3. Content of the trademark right. Legal actions

  1. Protection of inventions. Patent right, ownership, prerequisites and registry
  2. Patent right content. Nullity and expiry. Utility models
  3. 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 ACTIVITYCOMPETENCES
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 21 October and 16 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, 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.

(*) On the second call, 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
The regulations may be consulted at Internet and through databases. Optional collection of regulations: Código de Comercio y otras normas mercantiles, Aranzadi, last edition