DIRITTO PRIVATO DELLE BIOTECNOLOGIE A - L

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 of discoveries, marketability and protection against usurpations, medical and defective product liability)

Lectures, during with a critical spirit and shared the completed legislative, judicial path and practical cases are faced whose solution is entrusted to the active participation of the students attended, also through the establishment of special working groups (also on line).

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.

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

Information for students with disabilities and / or SLD: To guarantee equal opportunities and in compliance with the laws in force, interested students can ask for a personal interview in order to plan any compensatory and / or dispensatory measures, based on the teaching objectives and specifications 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 Biotechonological Sciences.

1. Preliminary notions (the legal system, 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. Living will

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, Libreria editrice Torre, Catania, 2021, pp. 1-182.

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

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

The study can 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.

The total load is 180 pages.