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Business Law 2017/2018

  • 4 ECTS
  • Taught in Portuguese
  • Continuous Assessment

Objectives

It is intended that the student be able to:
1. Learn the conceptions and the sources of commercial law;
2. Identify the acts of commerce in general;
3. Qualify the subjects of the commercial relationship (of the merchants);
4. Understand and apply the legal framework of agency contract to distribution contracts
5. Identify and understand the legal intellectual property law

Recommended Prerequisites

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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 individual preparation is confronted in class with the discussion of the solution. The use of the inductive process will allow the jurisprudential study and the analysis of case studies.
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 -Acts of commerce in general
1.1 – Concept and types
Chapter II - The traders
1. Traders
2. Legal framework of commercial relations
3. The late payment in commercial transactions.
ChapterIII - 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
Chapter IV– 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 competition
3.9 IPR and Consumer law in EU

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

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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 identify the acts of commerce in general, the indicated program contents are those of Chapter I- Of the acts of commerce in general.
To qualify the subjects of the commercial relation (of the merchants), the programmatic contents are those of the Chapter II -Traders.
In order to Understand and apply the legal framework of agency contract to distribution contracts, the indicated contents are those of the Chapter III.
In order to identify and apprehend theEU 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, 2 and 6: To know the conceptions and sources of commercial law; Identify the acts of commerce in general; And To know the general principles that characterize credit instruments.
The inductive and case methods will apply to learning objectives 3, 4 and 5: Qualifying the subjects of the commercial relationship (of the traders); Qualify commercial companies and identify the legal regime of business over the companies; And Identify and understand the legal regime of the distinctive signs of companies and products.

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
TeamworkYesYes
Understanding multiculturalism and valuing diversityYesYes
Written and verbal communications skillsYesYes
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