120310 - INTELLECTUAL PROPERTY MANAGEMENT

Subject type: Mandatory

Coordinator: Monica Juliana Oviedo León

Trimester: First term

Credits: 4

• Spanish

Classes will be held entirely in Spanish. Eventualment es poden facilitar materials que poden ser en català, castellà o anglès.

• Understand the legal requirements for the use of personal data for purposes related to marketing actions

• Understand the risks and implications that new marketing trends have in terms of privacy

• Know the basic rules for the protection and respect of trade marks (trademarks, trade names)

• Know the basic rules for the protection and respect of content protected by intellectual property rules

• Know the traditional forms of protection of intellectual content and the new trends that have emerged with the massive use of information technologies

• Know the intellectual property rights in their different forms, as well as other tangential regulations: unfair competition and restrictive practices of competition

• Understand the basic regulations governing competitions and promotions

Block 1. Protection of personal data and marketing 

Blog dedicated to the study of the main concepts in the field of data protection and privacy. We will start with a tour of European and national regulations in this area. Later we will review the main concepts and principles of the regulations. Once they have been able to integrate these objectives, the most common marketing techniques, the legal risks involved and the recommendations that must be implemented so that the marketing strategies we develop in our professional life comply with the law will be worked on. 

Topic 1. Introduction: Basic regulations and institutional organization

• The Spanish Constitution of 1978
• The 1995 Community Directive
• European Data Protection Regulation
• Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantees of Digital Rights  
• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce
• Codes of conduct and good practices in the sector
• The Spanish Data Protection Agency
• Autonomous agencies or authorities
• Working Group Article 29

Subject 2. Basic concepts in matter of data protection

• Personal data. Special categories of personal data 
• Basic principles: Active responsibility, data protection from design and by default 
• Legitimation to process personal data 
• Consent and requirements. Special cases (consent of minors) 
• The obligated subjects: responsible for the treatment and in charge of the treatment
• Communication of data to third parties
• Electronic commercial communication
• Basic obligations of the data controller

Item 3. Data processing for advertising activities and rights of data holders 

• Basic requirements for processing data for advertising purposes 
• Advertising exclusion systems 
• Robinson Lists
• Rights of data holders

Subject 4. Legal regime of the electronic commercial communications

• Direct Marketing. Digital and analog world differences 
• Anti-SPAM regulation
• Opt-in / Opt-out
• Recipients subject to rights
• Basic requirements. General rule and exception
• Sanctioning regime

Subject 5. New tendencies in Marketing and influence of the rule of protection of data

• Social Networks
• Cookies
• Behavioral advertising (Online behavioral advertising)
• Big Data
• Smartphones: marketing based on user location
• Profile creation

Block 2. Remote procurement of goods and services

Blog dedicated to the study of the main concepts in the field of distance procurement of goods and services. We will analyze the legal requirements that must be taken into account when implementing tools that allow electronic procurement. 

Subject 6. Basic norms sale through Internet or equivalent means

• Minimum information to provide
• General Conditions of Contract. Content, acceptance and confirmation
• Consumer rights
• Regulation of competitions and promotions

Block 3. Protection of intellectual property in the digital world

Blog dedicated to the study of the main concepts in the field of intellectual property. We will discuss the challenges posed by the massive use of information and communication technologies as well as measures to protect works on the Internet and best practices for not infringing intellectual property rights. Finally, we will take a look at the concepts of unfair competition and competition defense. 

Item 7. Basic concepts

• Contents subject to protection. Original works
• Moral rights and exploitation rights
• Duration and limits of rights
• Assignment formulas. The regime of the salaried worker

Subject 8. Protection of the rights of intellectual property

• Public register of works. Declarative and constitutive register difference
• Technical protection measures
• Copyleft: Creative Commons licenses
• Online registration of protected works

Subject 9. Norms regulating of the competition

• Unfair competition
• Defense of competition

Block 4. Protection of trademarks and trade names

Blog dedicated to the study of distinctive signs and their legal regulation. We will analyze the different forms of brand protection and its management in the digital environment. Finally, we’ll take a look at the most common types of conflicts that can arise between brands and domain names. 

Item 10. The protection of the brand in the digital environment

• Declarative record. National, community or international
• Brand vs. Domain Names. Conflict resolution
• Digital risks in brand protection. Brand reputation
• Brand license

SE1. Participation in the activities proposed in the classroom - 10%

SE3 Class attendance - 10%

SE2 Individual and / or group work - 30%

SE4. Final exam - 50%