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Julian Nowag, Xavier Groussot, Hans Henrik Lidgard, Jörgen Hettne, Magnus Schmauch, Ulf Maunsbach, and Justin Pierce

About this Course

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About this Course

This six-week course titled Competing in Europe is the third in a series of three exploring some of the main business aspects of European Union law. Besides providing learners with a sound knowledge base of European laws and regulations, the series explores business considerations within a broader perspective by including inputs from leading law practitioners in the field. More specifically, the third course discusses how to compete on the internal market and protect your brand, product or invention. It includes legal disciplines such as Intellectual Property law (IP law), Competition law and specific branches within Public law, such as public procurement and state aid.

At the end of this course, you will have a basic understanding of how to:

• Find and understand relevant laws and regulations governing the internal European Union market

• Protect and defend a company’s products, brands and inventions by obtaining and licensing trademarks and patents

• Create a competitive edge for a company and apply the basic principles of EU competition law

• Construct and present a persuasive legal argument

About the Series

The Lund series in European Business Law ranges from considering the basic structures and principles of the European Union to focusing on specialized areas of European Union law. The first course, Understanding the Fundamentals, examines the core structures and principles of the European Union. The second course, Doing Business in Europe, examines legal areas such as Company law, Labour law, Tax law, Environmental law and Private International law, and how they tie in to doing business in Europe. All three courses can be taken independently or in sequence depending on your needs and preferences.

To keep up to speed on the course series, visit our Facebook page at:

https://www.facebook.com/eblmooc/

Syllabus and Format

Each course consists of a number of modules where one module represents about one week of work. A module includes a number of lectures and readings, and finishes with an assessment – a quiz or a peer graded assignment. The assessments are intended to encourage learning and ensure that you understand the material of the course. Participating in forum discussions is voluntary.

Course I - Understanding the Fundamentals

Module 1. Introduction

Module 2. Legal Method and Sources

Module 3. Constitutional Freedoms and Fundamental principles

Module 4. Enforcement of EU Law and Judicial Review

Module 5. Freedom of Movement

Module 6. The External Dimension

Course II - Doing Business in Europe

Module 1. Making Business Transactions

Module 2. Establishing a Company

Module 3. Employing and Working in Europe

Module 4. Paying Taxes and Complying with Environmental Standards

Module 5. Resolving Cross-border Disputes

Module 6. Case Clinic

Course III - Competing in Europe

Module 1. Obtaining Trademarks

Module 2. Defending Patents

Module 3. Competition: Illegal Agreements

Module 4. Competition: Abuse of Dominance and Mergers

Module 5. Selling to the State and State Aid

Module 6. Advocacy and Legal Writing

Lund University

Lund University was founded in 1666 and has for a number of years been ranked among the world’s top 100 universities. The University has 47 700 students and 7 500 staff based in Lund, Sweden. Lund University unites tradition with a modern, dynamic, and highly international profile. With eight different faculties and numerous research centers and specialized institutes, Lund is the strongest research university in Sweden and one of Scandinavia's largest institutions for education and research. The university annually attracts a large number of international students and offers a wide range of courses and programmes taught in English.

The Faculty of Law is one of Lund University’s four original faculties, dating back to 1666. It is a modern faculty with an international profile, welcoming both international and Swedish students. Education, research and interaction with the surrounding community are the main focus of the Faculty’s work. The connection between the three is particularly apparent in the programmes and courses offered by the university, including the university’s MOOC course in European Business Law. The students get the chance to engross themselves in traditional legal studies, while interacting with both researchers and professionally active lawyers with qualifications and experience from various areas of law.

The faculty offers three international Masters: two 2-year Master’s programmes in International Human Rights Law and European Business Law, and a 1-year Master’s in European and International Tax Law. Students from around 40 countries take part in the programmes which offer a unique subject specialization within each field, with highly qualified researchers and professional legal practitioners engaged in the teaching.

The Master’s programme in European Business Law provides an in-depth understanding of both the practical and the theoretical aspects of business law within the European Union. The programme provides both general and specific knowledge of the European Union legal framework, which is necessary for students intending to work as legal advisors or business decision-makers. The programme is delivered in English and is open to students with at least a three year degree in Law (Bachelor, LL.B, or equivalent) who want to specialise in European economic and business law.

The MOOC course in European Business Law is a great course to start with for students intending to apply for the Master’s programme in European Business Law. Even though the MOOC course does not grant credits previous knowledge of the subject is considered upon admission to the master’s programme. For more information about the Master’s programme in European Business Law see https://www.law.lu.se/#!meb

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What's inside

Syllabus

Trademarks as Essential Assets
The first module examines trademarks, one of the most valuable assets that a company actually has. It gives a brief description of the history of intellectual property law (IP) protection. The module considers the main sources of law, case law and pertinent trademark strategies. It also looks at how a proprietor can exercise their trademark rights in a useful way, successfully preventing a third party from using an identical or similar sign.
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Defending Patents
The second module examines the role patents play in business transactions. It examines strategies and advantages/disadvantages of patent protection. The module looks into the substantive rules regarding the requirements for patent protection and how to obtain a patent. It introduces strategies to capitalize and possibilities to license rights to third parties. Finally, it discusses potential ways to misuse a patent.
Competition: Illegal Cooperation
The third module gives an overview of the European competition regime. Competition is a key element of an open market economy that stimulates European economic performance. The module describes the three core regulations pertinent to European competition law, including article 101 and 102 TFEU, as well as the European Merger Regulation. It considers how particular agreements or behaviour is anti-competitive and the four main aspects when establishing a breach of article 101 TFEU.
Competition: Abuse of Dominance and Mergers
The module examines article 102 TFEU, which prohibits the abuse of a dominant position within the internal market. It also provides an overview of secondary law and EU merger regulations. The module provides a brief history of merger regulations in the EU, the substantive elements and finally, the procedural rules in merger cases. The last three lectures provides practical aspects of competition law, looking at how the Commission carries out an investigation, its powers to reach a conclusion and to implement sanctions.
Selling to the State and State Aid
The fifth module addresses some of the key interactions taking place between law, politics and economics. It considers the role Public Procurement law plays within the EU and the main legal framework. It outlines the State aid control system and the procedural elements of the State aid assessment.
Legal Writing and Argumentation (optional)
The final module includes a series of lectures on how to create a legal argument and present it to a court. It focuses on universally applicable advocacy strategies, without regard to the particular legal system in which the learner practice or study. It includes classical rhetoric while also considering practical aspects of constructing a persuasive written argument. It concludes with a lecture on structuring an oral argument and its delivery.

Good to know

Know what's good
, what to watch for
, and possible dealbreakers
Taught by highly recognized professors in the industry
Covers important legal disciplines applicable to business
Provides practical knowledge of how to apply EU laws
Includes optional legal writing and advocacy module
Part of a three-course series on European Business Law

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Reviews summary

Well received competition course

According to students, this is a great and well-received course on the general topic of European business law. Students who have taken other European business law courses, specifically the previous two from Lund University, have remarked that they enjoyed this one as well.

Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in European Business Law: Competing in Europe with these activities:
Participate in a Peer-Review Session on Intellectual Property (IP) Protection
Engaging in peer review enhances critical thinking, improves understanding of IP protection strategies, and fosters collaboration among learners.
Browse courses on Intellectual Property
Show steps
  • Form a study group with fellow learners.
  • Select a specific topic related to IP protection.
  • Each member of the group prepares a short presentation on the chosen topic.
  • Present the findings and engage in peer review, providing constructive feedback and suggestions for improvement.
Review Fundamentals of Trademarks
Reviewing the fundamentals of trademarks will help increase comprehension of the modules on obtaining trademarks, the trademark landscape, and enforcement of trademark rights.
Browse courses on Intellectual Property
Show steps
  • Read the article 'Understanding Trademark Fundamentals' by the World Intellectual Property Organization (WIPO)..
  • Review the Trademark Manual of Examining Procedure (TMEP) published by the United States Patent and Trademark Office (USPTO).
  • Complete the online course 'Introduction to Trademarks' offered by the Intellectual Property Office of the European Union (EUIPO).
Read 'Patent Law: Cases and Materials' by John Duffy
Understanding the theory and application of patent law will enhance comprehension of defending patents in the real world.
Show steps
  • Read the assigned chapters on patent law.
  • Take notes and highlight important concepts.
  • Complete the end-of-chapter exercises.
Five other activities
Expand to see all activities and additional details
Show all eight activities
Practice Identifying Anti-Competitive Behavior
Practicing the identification of anti-competitive behavior will strengthen understanding of competition law and the protection of free markets.
Browse courses on Competition Law
Show steps
  • Review the articles 'Anti-Competitive Agreements: A Guide for Businesses' by the European Commission and 'Understanding Antitrust Laws' by the United States Department of Justice (DOJ).
  • Complete the online course 'Introduction to Competition Law' offered by the Organization for Economic Co-operation and Development (OECD).
  • Analyze case studies of anti-competitive behavior.
Develop a Trademark Strategy
Developing a Trademark Strategy will help reinforce understanding of the benefits and considerations of trademark protection.
Show steps
  • Identify the company's business objectives and target market.
  • Conduct a trademark search to identify potential conflicts.
  • Select a strong and distinctive trademark that aligns with the company's brand identity.
  • File a trademark application with the appropriate trademark office.
  • Monitor the trademark and enforce it against infringement.
Follow Tutorials on Legal Advocacy
Following tutorials on legal advocacy will enhance understanding of courtroom procedures and effective communication in a legal setting.
Show steps
  • Identify reputable online resources or platforms offering tutorials on legal advocacy.
  • Select tutorials that align with specific areas of interest or skill development.
  • Follow the tutorials diligently, taking notes and practicing the techniques demonstrated.
  • Seek opportunities to apply the learned skills in mock trial or role-playing exercises.
Attend a Workshop on Public Procurement
This provides firsthand knowledge of Public Procurement Law and its application in real-world scenarios.
Show steps
  • Register for a workshop on Public Procurement offered by a local chamber of commerce, law firm, or government agency.
  • Attend the workshop and take notes.
  • Ask questions to the workshop presenters.
Create a Legal Argument on a Competition Law Topic
Crafting a legal argument on competition law will enhance analytical thinking and strengthen understanding of the legal principles and precedents in this area.
Browse courses on Competition Law
Show steps
  • Choose a specific competition law topic.
  • Research the relevant legal principles and precedents.
  • Develop a persuasive argument supported by evidence and analysis.
  • Write a clear and concise legal argument.
  • Edit and proofread the final document.

Career center

Learners who complete European Business Law: Competing in Europe will develop knowledge and skills that may be useful to these careers:
Competition Lawyer
A Competition Lawyer provides counsel to businesses on how to comply with antitrust laws and regulations. They may also represent clients in antitrust litigation.
International Lawyer
An International Lawyer provides advice on international law and regulations, including those governing cross-border transactions, intellectual property protection, and international trade.
Intellectual Property Lawyer
An Intellectual Property Lawyer counsels clients on protecting their intellectual property rights, including patents, trademarks, copyrights, and trade secrets.
Business Lawyer
A Business Lawyer helps businesses with a variety of legal matters, including contracts, corporate governance, and employment law.
Antitrust Lawyer
An Antitrust Lawyer represents clients in antitrust litigation and advises businesses on how to comply with antitrust laws and regulations.
Corporate Lawyer
A Corporate Lawyer advises businesses on legal matters related to corporate governance, mergers and acquisitions, and securities law.
Employment Lawyer
An Employment Lawyer advises businesses on employment law matters, including hiring, firing, and discrimination.
Litigation Lawyer
A Litigation Lawyer represents clients in court and other legal proceedings.
Patent Lawyer
A Patent Lawyer counsels clients on obtaining and protecting patents.
Trademark Lawyer
A Trademark Lawyer counsels clients on obtaining and protecting trademarks.
Policy Advisor
A Policy Advisor develops and implements public policy.
Regulator
A Regulator enforces laws and regulations.
Diplomat
A Diplomat represents a country's interests in foreign affairs.
Judge
A Judge presides over legal proceedings and makes decisions based on the law.
Mediator
A Mediator helps parties resolve disputes outside of court.

Reading list

We've selected seven books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in European Business Law: Competing in Europe.
Guide to the main principles of EU competition law. It covers the substantive and procedural rules governing anti-competitive agreements, abuse of dominance, and mergers. This book would be useful as an additional reading to the course.
Explains how to apply the EU Merger Regulation. It covers the substantive tests, jurisdictional issues, remedies, and procedural aspects of merger control in Europe. This serves as a solid reference tool for those interested in EU competition law.
Comprehensive overview of the European Union’s intellectual property law. It explores the history and evolution of this field. This book would be most useful as a reference tool.
This comprehensive textbook provides a detailed overview of EU competition law. It covers a wide range of topics, including cartels, mergers, and state aid. It great textbook for students looking for an introduction to EU competition law.
This concise introduction to intellectual property law provides a broad overview of the IP system. It covers a wide range of topics, including copyright, patent, and trademark law.
This comprehensive textbook provides a detailed overview of EU state aid law. It covers a wide range of topics, including the definition of state aid, the compatibility of state aid with the internal market, and the enforcement of state aid law.
This concise introduction to EU law provides a broad overview of the EU's legal system. It covers a wide range of topics, including the history of the EU, the EU's institutions, and the EU's internal market.

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