Universitat Internacional de Catalunya - BarcelonaCommercial Law 1
Main language of instruction: Spanish
Other languages of instruction: Catalan
| Sem.1 | MO | 08:00 10:00 | a502 | |
| Sem.1 | FR | 08:00 10:00 | a502 |
Head instructor
This subject includes an introduction to the basic concepts of commercial law and comprises lectures on the concept of entrepreneur and enterprise, competition law and intellectual property.
There is no prerequisites to take this subject, although a good knowledge on EU and constitutional law and civil contract law is recommended.
This subject should allow the student to know basic concepts of commercial law as a law branch. Esta asignatura ha de permitir al alumno conocer los elementos básicos del derecho mercantil como rama del derecho. In particular, it should let know the correct application of the different laws that converge in the main conflicts of private law (including consumer laws). As for the right of competition, at the end of the the quarter, students should be able to master the basic principles of this legislation and to detect risks that can pose major commercial operations. Finally, this course is to provide students with the tools necessary to solve major disputes that appear in the field of industrial property rights, mainly in the area of registration of the relevant IP titles and infringement by third parties of the rights that have been obtained.
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
This subject is divided into three main blocks:
BLOCK A. COMMERCIAL LAW. MARKET, ENTREPRENEUR AND CONSUMER: The general concepts of commercial law (Lessons 1 to 3), where we will pay special attention to the study of the development of the mercantil law and how national, EU and international law interact as well as the Civl Code, the Commercial Code and special laws. We will analyse the concept of market as the object of the regulation of commercial law and the entrepreneur and consumer as the subject of that branch of law.
BLOCK B. MARKET PROTECTION. ANTITRUST LAW AND UNFAIR COMPETITION (Lessons 4 and 5), we will revise the main regulations affecting this branch of law, in what affects the control of the proper functioning of the market, by the public institutions (antitrust) in the one hand and the protection of competitors and consuemrs (unfair competition and publicity). Introduction to intellectual property and copyright law.
BLOCK C. EXCLUSIVE RIGHTS ON DISTINCTIVE SIGNS, INVENTIONS AND INDUSTRIAL DESIGNS (Lessons 6 y 7), we will revise the different intellectual property rights on distinctive signs, inventions and designs.
WEBSITES OF INTEREST
Comisión Nacional den los Mercados y de la Competencia (CNMC)
Comissió Europea - Competència http://ec.europa.eu/competition/index_en.html
EU Intellectual Property Office (EUIPO)
Oficina Española de Patentes y Marcas (OEPM)
Organització Mundial de la Propietat Intel·lectual (OMPI)
Oficina Europea de Patents (EPO)
Chapter Sections Commercial and Competition Law
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 enterprise. Elements and business
2.1 The entrepreneur or trader
2.2 The enterprise. The personal elements
2.3 The enterprise. Immaterial elements and enterprise as an object of economics
Chapter 3 Principles of transparence and protection of consumers. 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 agreements between enterprises. 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 The general clause and the unfair practices. Prodecural aspects
Chapter 6 Intellectual property. Protection to Distinctive Signs. Trademark Law
6.1 Introduction to exclusivity rights. Concept and function of the right of trademark
6.2 Prerequists and trademark prosecution
6.3 Content of the trademark right. Legal actions
Chapter 7 Protection to R&D+i. Inventions and product Forms. Patent Law and Industrial Designs
7.1 Protection of inventions. Patent right, ownership, prerequisites and registry
7.2 Patent right content. Nullity and expiry. Utility models
7.3 Industrial design and its legal protection
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 |
Written tests of continuous evaluation (35). Interevaluation tests. They will be held on Mondays 7 and 28 October, 18 November and 9 December and will include the subjects taught in the previous sessions.
Final written exam (35). It will be necessary to pass this exam in order to pass the course.
Attendance and participation in class (30). There will be control of attendance to class. The absence of the student will not be evaluated negatively but this section of evaluation will be reduced after the third unjustified absence. The participation and the contribution of proposals on the basis of the previous study in the resolution of the practical cases will be valued positively.
Failure to attend Continuing Formation Conferences will be assessed negatively in the subject. In other words, depending on the number of conferences not attended, the final grade resulting from the total evaluation of the subject will be lowered to one point.
For example: if a conference is missed, the grade will go down 0.4 points, if two conferences are missed, the grade will go down 0.7 points and if three conferences are missed, the grade will go down 1 point. This regulation does not apply to Erasmus or exchange students, nor does it apply to students in double grades.
In the second call, continuous evaluation will only be taken into consideration if it had been approved. If it had not been passed, this will not be considered.
| EVALUATION SYSTEM |
|---|
| Written exams |
| Attending and participating in class |
| Individual assignments |
| Final rulings |
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:
Other textbooks:
E: exam date | R: revision date | 1: first session | 2: second session: