PRIVATE LAW OF BIOTECHNOLOGIES M - Z

Academic Year 2022/2023 - Teacher: GAETANO GUZZARDI

Expected Learning Outcomes

The course aims to guarantee the student a basic knowledge of some fundamental institutions of private law, as well as of some issues 
specifically related to the field of biotechnologies (right to health, self-determination in medical treatment and experimentation, 
the rights of the child and the medically assisted procreation, the patentability and marketability of scientific discoveries, 
protection against usurpation, medical liability and defective products).

Course Structure

The course will take place through lectures, during which practical cases will also be presented, resolved with the active participation of the students, also through the special constitution of work groups.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

To guarantee equal opportunities and in compliance with the laws in force, interested students can ask a personal interview in order to plan any compensatory and / or dispensatory measures, in based on the didactic objectives and specific needs. It is also possible to contact the CInAP contact person (Center for Active and Participatory Integration - Services for Disabilities and / or SLD) of the Department of Biomedical and Biotechnological Sciences.

Required Prerequisites

                                    No prerequisites

Attendance of Lessons

Attending the course of lessons, possibly even remotely or in mixed mode, is extremely useful
not only for the specific information provided during the course but also
for the methodological approach suggested.

Detailed Course Content

1. Preliminary notions (the legal order, legal norms, sources of law, interpretation and analogy);

2. The natural person (legal capacity and capacity to act, the protection of the child, the rights of the personality, the acts of disposition of one's body)

3. Voluntary termination of pregnancy

4. Medically assisted procreation

5. Advance treatment provisions

6. Goods (appliances, public goods, civic uses, new goods, robots, fruits)

7. The contract (negotiation autonomy, negotiation atypicality, classification of contracts, the conclusion of the contract, the essential elements)

8. Distinguishing marks and intellectual property (trademarks, patents, certifications)

9. Civil liability (contractual and extra-contractual, liability of health professions)

Textbook Information

1. Gaetano Guzzardi, Diritto privato delle biotecnologie. Appunti del corso di lezioni, Torre, Catania, 2021, pp. 1-182.

2. Vincenzo Roppo, Diritto privato. Linee essenziali, VI edizione, Giappichelli Ed., 2020.

3. Andrea Torrente - Pietro Schlesinger, Manuale di diritto privato, XXIV ed., Giuffrè, 2019.

The study may alternatively be addressed on each of the texts indicated above; in the event that texts 2 or 3 are used, for the missing topics, reference can be made to the handouts made available to the teacher through the Studium platform.

For regulatory feedback, the use of an updated civil code is recommended.

Course Planning

	Subjects	Text References
1	Preliminary notions	Text 1, chap. I
2	The natural person	Text 1, chap. II
3	Voluntary termination of pregnancy	Text 1, chap. III
4	Medically assisted procreation	Text 1, chap. IV
5	Advance treatment provisions	Text 1, chap. V
6	Goods	Text 1, chap. VI
7	The contract	Text 1, chap. VII
8	Distinguishing marks and intellectual property	Text 1, chap. VIII
9	Civil liability	Texty, chap. IX

Learning Assessment

Learning Assessment Procedures

Oral. During the course of lectures, intermediate tests on cases may be carried out
practical.
Verification of learning can also be carried out electronically, if the conditions are so
should require.
The exam will be assessed according to the following criteria:
Relevance of the answers to the questions asked
Content quality and understanding
Ability to link with other topics covered by the program
Ability to report examples
Property of technical language
Overall exhibition capacity of the student

Examples of frequently asked questions and / or exercises

Legal norm

Interpretation of the law

Distinction between goods and things

Pre-implantation diagnosis

Status of the embryo

The essential elements of the contract
The responsibility of the doctor
The responsibility of the producer
The patent

VERSIONE IN ITALIANO

Corso di laurea in

Biotecnologie