Student guide Faculty of Economics A.Y. 2008/09

Law for Marketing
Aim of the course
The course is designed to equip students with the legal knowledge relevant to the planning of operational marketing activities. An outline is provided of the specific limits imposed by the Italian and European regulations on the autonomy of company functions that formulate marketing, product and sales plans. Although primarily aimed at completing the training of students for the formulation of corporate marketing policy, the course can also usefully complement the content of a law studies syllabus.
More specifically, the sources of law regulating the manufacture and marketing of products are analysed, from both a professional and consumer perspective. In this connection, the general principles laid down by the Consumer Code for safeguarding the information and education of consumers are illustrated.
This is followed by an examination of the regulations on advertising (misleading and comparative), both in relation to competing firms and with respect to the consumer. The material will be supported by meetings with advertising agencies, and illustrations of real-world cases heard before the Italian Competition Authority.
The general regulations governing contracts stipulated by professionals will be analysed, with a brief overview of unconscionable clauses. Students will examine unconventional forms of selling, for contracts entered into outside of commercial spaces (distance contracts and electronic commerce).
Some lessons will devoted to the national and international regulations on branding, and the regulation of the contracts which implement the use of brands in distribution (merchandising, franchising and sponsorship contracts).
Finally, the problem of product responsibility will be addressed, focusing on the obligations which producers must fulfil—depending on their field of activity--to prevent improper use of their product from resulting in harm to consumers.
There will be practical exercises, with illustrations of legal case studies.
1.      The Consumer Code. General principles.
2.      Regulations on advertising (misleading and comparative).
3.      Unconscionable clauses and contracts for selling consumer goods.
4.      National and international brands.
5.      Merchandising, franchising and sponsorship contracts.
6.      Contracts stipulated outside of commercial spaces.
7.      Tour packages.
8.      Regulations on product responsibility.
There will be an oral examination.
Reading list
Il Codice del Consumo, Commentario di Guido Alpa e Liliana Rossi Carleo, (Edizioni Scientifiche Italiane)