DIRITTO PRIVATO DELLE BIOTECNOLOGIE

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

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.

The exam will be oral. During the course of lessons, intermediate written tests on practical cases can be carried out.

Learning assessment may also be carried out on line, should the conditions require it.

The exam will be evaluated according to the following criteria:

Relevance of the answers to the questions asked
Quality and understanding of the contents
Ability to connect with other program topics
Ability to report examples
Technical language properties
Overall exhibition capacity of the student

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)

1. Gaetano Guzzardi, Diritto privato delle biotecnologie. Appunti del corso di lezioni, Torre, Catania, 2020, in corso di stampa

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.