Specific skills related to the course content
By the end of the course, students will be able to:
- Explain the impact of the digital environment on the content and exercise of key intellectual property rights.
- Resolve complex practical cases relating to the exercise of intellectual rights in a digital environment.
- Identify and analyse situations in which intellectual property rights in the digital environment (1) conflict with other fundamental rights, (2) have dysfunctional effects.
- Critically evaluate the reasoning of courts and tribunals (in particular, the Court of Justice) on these issues, as well as the consequences thereof.
- Evaluate legislative and jurisprudential developments, as well as societal issues in a context where intellectual property rights are confronted with significant technological developments and competition with other fundamental rights.
Transversal skills
At the end of the course, students will be able to:
- Conduct a rigorous and reasoned analysis of case law solutions, adding a personal and critical perspective.
- Demonstrate a sense of synthesis, precision and discernment.
- Construct a structured, well-supported and convincing argument, both in writing and orally.
- Project themselves into concrete situations, devise appropriate examples, and identify the advantages and disadvantages of different solutions.
- The course aims to enable students to understand the legal and jurisprudential mechanisms associated with the content and exercise of intellectual property in a digital environment.
- It encourages students to discuss the subject in a reasoned and critical manner and to take a position on the topics covered.
- It helps students to project themselves into concrete situations that require rigorous and creative application of theoretical rules.
It offers students a comprehensive reflection on the evolution of the subject and the scope for progress in light of technological, economic and societal challenges.
Subject to changes and additions, the course covers all or part of the following topics: the protection of computer programmes by intellectual property, issues concerning the architecture of the internet in relation to the protection of domain names and distinctive signs, data appropriation regimes, issues relating to AI (input, output, model) in connection with IP, aggregation phenomena (hyperlinks and press publishers' rights), the liability of intermediaries and, finally, competition issues raised by intellectual property rights in the digital space.
In general, the course focuses on a EU and international perspective. It draws heavily on EU legislation and case law, without neglecting national sources. Belgian law is discussed but is placed in a European and international context. Particular attention is paid to developments in the case law of the Court of Justice of the European Union.
The course includes highly practical aspects. The rights discussed are placed in a global context in order to illustrate their confrontation with other fundamental rights, and in some cases with the general interest. Current debates on intellectual property are also discussed in order to reveal the economic and societal issues involved.
Opportunities for research are proposed, particularly in the fields of robotics, artificial intelligence and the data economy. Where possible, the course comments on certain aspects of the research carried out at the CRIDS (Centre de Recherches Informatique Droit et Société) attached to the University of Namur.
.The list of topics covered depends on the relevant issues at the moment (see above).
Unless otherwise specified, students are invited to give oral presentations with supporting visual materials (such as PowerPoint presentations) on topics specified by the lecturer (see above).
The course is designed to stimulate maximum interaction between students and the teacher. It involves active student participation and collaborative work. The teacher provides illustrations and related digital resources, and invites students to enrich this documentation.
Lessons are largely based on real-life cases. Presentations are accompanied by debates.
The course analyses and comments on judicial decisions, mainly from the Court of Justice, with the participation of students. Students are invited to study the decisions before the course, as they will then be asked to share their personal views.
Subject to change, students are invited to give oral presentations (with PowerPoint slides) in small groups on pre-defined current topics.
The assessment consists of:
- A participation mark (out of 8 points) taking into account the student's contribution during the sessions and the presentation given during one of the sessions
- An oral examination (out of 12 points) in person (or remotely if necessary). It takes place in January and/or August-September.
The content of the examination is designed to assess whether the student has acquired the learning outcomes. In particular, the questions are designed to assess (i) accuracy in reproduction and legal justification, (ii) discernment, (iii) ability to summarise, (iv) quality and articulation of reasoning, (v) ability to put theory into practice and apply it to real-life situations, and (vi) richness and originality of thought.
During the examination, students must bring the relevant legal texts and judgments analysed during the course. These may be highlighted, but they must not contain any annotations.
- Slides
- Selection of legislative texts, case law decisions (including judgments of the Court of Justice), Opinions of the Advocate General (Court of Justice) and studies/reports
- Digital resources related to the topics covered in the lessons.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Advanced Master in Information Technology and Communication Law | Standard | 0 | 4 | |
| Advanced Master in Information Technology and Communication Law | Standard | 1 | 4 |