Intellectual property and contract law

Language

French

Main themes

Preservation of and access to data and documents cannot be achieved without taking into account issues of intellectual property (respect for copyright, etc.) and contract law (content of contracts, liability issues, issues of validity of documents, evidence).

Learning outcomes

At the end of this learning unit, the student is able to :

At the end of this unit, the student will be able to: Understand the issues of the legal rules on intellectual property and contract law, linked to the conservation of and access to data and documents; Mobilise the reference texts of these subjects (Belgian laws, decrees and orders, European regulations); Assimilate the concepts, rules and legal principles of these subjects; Apply the theoretical rules to real-life situations and identify the legal constraints and opportunities to be taken into account in these situations.

Content

Preservation of and access to data and documents cannot be achieved without considering intellectual property rights (respect for copyright, access to and use of databases) and contractual rules linked to the management of intellectual property rights. The management of intellectual property rights in the field of archives also requires the integration of the legal consideration surrounding open data, the sharing and reuse of documents. The mains topics are:
•    Respect for intellectual property rights and, sui generis rights on database
•    Contractual clauses governing the management of intellectual property rights, open licenses and open source:
•    European, federal and federated legislation on open data and the re-use of public data;
•    The European Data Governance Act. 

Teaching methods

Lectures presenting theoretical material illustrated by numerous case studies and real-life situations.
Active participation of students, notably through i) exercises to mobilize reference texts and apply relevant legal rules, ii) oral presentations of case resolution and/or analysis, and iii) group discussions.
Students will be provided with detailed powerpoint presentations (slides).

Evaluation methods

In the first session, assessment will be based on a written and individual examination (20 points) including questions of legal knowledge and application questions (by solving practical cases corresponding to those seen in the course). 
In the second session, assessment will take the form of a oral examination (20 points).

Faculty or entity

EHAC