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Business Law 2017/2018

  • 4 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

It is intended that the student be able to:
1. Learn the conceptions and the sources of Commercial Law;
2. Understand the European Union mission and development
3. Comprehend the EU political system
4. Ascertain and apply the legal framework of agency contract to distribution contracts
5. Apprehend and recognize the vertical restraints legal framework and abuse of dominance in EU Competition Law
6. Identify and understand the EU Intellectual Property Law

Recommended Prerequisites

Degree

Teaching Metodology

The methods will be used: expository, Socratic, inductive and the method of the case. The expository is translated in the transmission of knowledge, the Socratic, process of evolutionary learning that consists in putting to the interlocutor a series of questions; And the inductive, which is translated into a reasoning, starting from a sufficient number of particular cases to conclude a general truth. The case method consists of "theorizing", based on case law.
The first, as a passive method, lacks articulation with other methods that enhance students' abilities. In order to sediment the expository discourse, the Individual study of a practical case in which the student comes into contact with the problem. The use of the inductive process will allow the jurisprudential study and the analysis of case studies.It will be analyzed papers on the syllabus issues, in order to enable the student to produce the paper.
These methods will be complemented by the case method.

Body of Work

Introduction:
(I) Concepts of commercial law
(II) Sources of commercial law
Chapter I -European Union mission and development
1.1 – European Union mission
1.2 - European Union development
1.3- European Union political system
1.3.1 - European Union Institutions
1.3.2 - European Union law making process
1.4 - European Union influence on Business Law
1.4.1. The late payment in commercial transactions.
ChapterII - Distribution agreements
4.1 Agency agreement
4.2 Commercial concession agreement.
4.3 Franchise agreement
4.4 Selective distribution contract
4.4 Vertical restraints in EU Competition Law
4.5 Abuse of Dominance
Chapter III– EU Intellectual Property Law
3.1 Intellectual property legal regulation in international agreements and EU legislation
3.2The economic importance of IPRs
3.3Intellectual property rights
3.4 WIPO
3.5 Enforcing IPRs on the internet
3.6 Enforcement of IPRs versus data protection
3.7 General Data Protection Regulation
3.8 Unfair compet

Recommended Bibliography

Colino, S. Vertical Agreements and Competition Law: A Comparative Study of the EU and US Regimes (2010). Oregon, Oxford and Portland: Hart Publishing.

Eur, A., Dreier, T., (2013). European Intellectual Property Law: Text, Cases and Materials. Cheltenham, Northampton: EE

Goyder, Joanna, EU distribution law (2011), Oregon, Oxford and Portland: Hart Publishing.


Jones, Alison, Sufrin, Brenda EU Competition Law ( 2014), 5fh ed, Oxford: Oxford University Press


Pila, J, Torremans P (2016, European Intellectual Property Law. Oxford:Oxford University Press.

Complementary Bibliography

Hovenkamp, H.The Antitrust Enterprise: Principle and Execution, Harvard University Press, 2008

Meese, A., Market Failure and Non-Standard Contracting: How the Ghost of Perfect Competition Still Haunts Antitrust, J. COMP. L. & ECON, Vol. 1, Nº. 1, 2005, p.21

Sealy, L.S., R. J. A. Hooley (2008). Commercial Law: Text, Cases, and Materials. Oxford: Oxford University Press.

Weekly Planning

1st week

Presentation
General considerations on the syllabus
Bibliography
Considerations on teaching methodology
Introduction:
(I) Concepts of commercial law
(II) Sources of commercial law

2nd week

European Union mission
European Union development
European Union political system

3rd week
European Union Institutions
European Union law making process

4th week
European Union influence on Business Law
The late payment in commercial transactions.

5th week

Agency agreement
Commercial concession agreement.
Franchise agreement

6th week
Selective distribution contract
Vertical restraints in EU Competition Law
Abuse of Dominance in EU Competition Law

7th week
EU Intellectual Property Law
Intellectual property legal regulation in international agreements and EU legislation
The economic importance of IPRs
Intellectual property rights

8th week
WIPO
Enforcing IPRs on the internet

9th week
Enforcement of IPRs versus data protection
General Data Protection Regulation

10th week
Unfair competition
IPR and Consumer Law.

Demonstration of the syllabus coherence with the curricular unit's objectives

In order to apprehend the conceptions and the sources of the commercial right, the indicated program contents are those of the Introduction.
In order to understand the European Union mission and development and comprehend the EU political system, the indicated program contents are those of Chapter I.
In order to ascertain and apply the legal framework of agency contract to distribution contracts, the indicated contents are those of the Chapter II.
The indicated contents aof the Chapter II are also suitable to apprehend and recognize the vertical restraints legal framework and abuse of dominance in EU Competition Law.
In order to identify and apprehend the EU Intellectual Property Law, the program contents indicated are those contained in Chapter IV.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The expository method and Socratic method will apply to the learning of objectives 1 and 2.
The inductive and case methods will apply to learning objectives 3, 4 5 and 6. The analysis of papers will be suitable for the achievement of all the objectives.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Adapting to new situationsYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Research skillsYesYes
Self-assessmentYesYes
TeamworkYesYes
Understanding multiculturalism and valuing diversityYesYes
Written and verbal communications skillsYesYes
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