Universitat Autònoma de Barcelona
Universidad Autónoma de
Barcelona
Escola de Postgrau
Escuela de Postgrado
JUDICIAL ANALYSIS OF INTELLECTUAL
AND INDUSTRIAL PROPERTY
Intellectual and industrial property is covered by a series of personal
and/or hereditary rights that an author (or other titleholder) has over their
work. It protects original literary,
artistic or scientific creations that have appeared in any media (books,
writings, musical compositions, theatre plays, choreographies, audiovisual
works, sculptures, paintings, plans, models, maps, pictures, computer
programmes and databases). It also protects artistic interpretations,
phonograms, audiovisual recordings and radio broadcasts. (Viñals and Puente, Diccionario Jurídico-pericial del documento
escrito, 2006)
This programme complements the programme in Forensic Handwriting Analysis and is a specialisation in verifying
and producing expert opinions based on documents, especially as related to
patents and trademarks. Through this, students receive complete training in the
specialisations of graphology and document examination. These two courses
together make up the Master's Degree in Document Examination and Judicial
Analysis of Patents and Trademarks.
Basic
Programme Contents
Intellectual property law: Introduction. Piracy. International
legislation. National legislation. Crimes related to intellectual
property. The concept of author,
copyright and exploitation rights, what can be considered a work, special protection
for computer programmes. Civil liability.
Industrial property law: International legislation: WTO, WIPO,
agreements, European Union guidelines, OHIM. National legislation: OEPM,
ANDEMA. Crimes related to industrial property. Patents. Trademarks.
Printing systems: Study of the general and particular
characteristics of different printing methods and instruments; their importance
in verifying patents and trademarks.
Characteristics of the most
important security measures:
Document security; products and procedures which hamper counterfeiting and
fraud.
Verification and assessment
of textile products: Comparative
analysis of those basic features that allow identification of branded products
when compared with copies, with emphasis to be given to current, practical
examples.
Verification and assessment
of musical products:
Definition of phonogram. Different
kinds of piracy. The structure of CDs and how they are made. ID codes. The
study of CD-Rs.
Verification and assessment
of watches: Analysis of those basic features that allow for
identification in watch making; comparison of the most important branded
watches and the most common currently existing methods of counterfeiting as
well as new methods on the rise.
Verification and assessment
of toys: Study of the
qualitative features of branded toys and their most common counterfeits.
Verification and assessment
of industrial products:
In-depth study of the general and specific features of the most important
industrial products (shoes, perfumes, drinks, etc.) so as to be able to assess
their authenticity.
Document examination as
applied to patents and trademarks: Document examination methods used in comparing
brands and trademarks. Analysis of graphic documents, recordings, labels, etc.
Computer analysis and
verification: The study of
comparing and identifying originals and copies.
The expert’s report and its
defence: Preparing the
different parts of a report according to one’s specialisation; photos and
graphic elements to be attached; computer resources for inserting them. Delivering
expert opinion before the courts. Assessment of reports.
Perception, creativity,
inspiration and falsification: Psychological characteristics that differentiate creativity from mere
imitation. Perception and deception.
Analysis of texts and graphic
expressions: Forensic
sociolinguistics applied to verifying text authorship or potential plagiary.
Practice in expert analysis
of patents and trademarks:
practical examples of forensic analysis of intellectual and industrial property
(Includes practical sessions and lectures given by visiting lecturers,
visits to various organisations and laboratories, and support offered in the
form of virtual supervision throughout the entire course).
Directors
Professor Francisco Viñals Carrera is
member of the World Jurist Association and has been decorated by the Ministry
of Defence. In 1993, he set up the
specialisation in Forensic Handwriting Analysis at the Instituto de Criminología y Cátedra de Derecho Penal at the Universidad
Complutense, local section at Cordoba. This programme of studies was brought to
the Universitat Autònoma de Barcelona in 1996, to the Escuela de Práctica Jurídica (School of Legal Practice) within the Escuela de Doctorado y Formación Continuada
(School of Doctorate Studies and Continuing Education), now called the Graduate
School. He is member of the International Police Association and professor at
the Escola
de Policia de Catalunya (Catalan
Police School) and at the EPSI-UAB. He has collaborated on various alternative
draft bills and works as a consultant for high international authorities in the
capacity of institutional commissioner for training in criminalistics and
graphological sciences. In 2003, he was chosen for “Personatges de Catalunya”
(Important Catalans), and included in volume XIII of the Història Contemporània de
Catalunya due to the contributions his work has made to
society.
Professor María Luz Puente
Balsells is an anthropologist, criminalist and scientific investigator. She
specialised in forensic research at the Escuela
de Medicina Legal (School of Forensic Medicine) of the Universidad Complutense, in psychological analysis of handwriting
at the Universidad Pontificia de
Salamanca, and in intelligence services at the Universitat de Barcelona (UB). She is coordinating professor of the
studies programmes in Forensic Handwriting Analysis and in Criminalistics,
Information Analysis and Advanced Forensic-Science Techniques at the Graduate
School of the Universitat Autònoma de
Barcelona (UAB). She is professor of scientific techniques applied to
criminal investigation at the Escola de Prevenció i de Seguretat Integral
(School of Accident Prevention and Integrated Safety) at the UAB. She is also a
member of the managing board of the Instituto
de Ciencias del Grafismo, director of the Seminario de Inteligencia Civil y Militar (Seminar on Civil and
Military Intelligence – ADPCI) and vice-president of the Spanish Association of
Consultant Graphologists. Previously she worked as a writer for various media,
taught information studies, and also worked as a professor attached to the Col·legi Oficial de Doctores y
Llicenciats en Filosofia, Lletres i Ciències de Catalunya (Catalan Association of Doctors and Undergraduates in
Philosophy, Arts and Sciences).
Together they have co-authored:
-Diccionario Jurídico-Pericial del Documento Escrito (Legal Dictionary
- Expertise in Written Documents), Barcelona, Ed. Herder, 2006
-Análisis de Escritos y Documentos en los Servicios Secretos (The
Analysis of Writings and Documents in the Secret Services), Barcelona, Ed. Herder,
2003
-Pericia Caligráfica Judicial. Práctica, casos y modelos (Forensic
Handwriting Analysis: Practice, Examples and Models), Barcelona, Ed. Herder,
2001
-Psicodiagnóstico por la Escritura. Grafoanálisis Transaccional (Psychodiagnostic
Assessment via Handwriting: Transactional Graphoanalysis), Barcelona, Ed. Herder, 1999
Professor Josep Llobet Aguado
is a jurist, judge pro tempore at the
Audiencia Provincial (provincial criminal court) of Barcelona, and professor of
Civil Law working at the Department of Private Law at the Universitat
Autònoma de Barcelona. He directs doctorate courses at the university and
has represented the UAB in training judges in other countries
Co-author of:
-El deber de información de los contratos, Madrid, Editorial Marcial
Pons, 1996
-Comentarios a la ley sobre condiciones generales de contratación,
Madrid, Editorial Tecnos, 1999
Secretariat tel. 93 321.57.48
(answering machine)
Lecturers: There is a large team of
professors teaching this programme. Francisco Viñals and María Luz Puente will
be in charge of the virtual tutorial, the classes in sociolinguistic analysis
and some of the practical sessions. The main subjects will be taught by
distinguished experts and directors of criminalistics/document-examination
laboratories, such as Prof. Ferran Salvador Aniceto; by specialists from the
Scientific-Police Division of the Mossos d’Esquadra; by Prof. Jesús R. Toledano
of the National Police Corps; and by other distinguished professors from the
various public security forces. Prof. Josep Llobet Aguado,
distinguished judge and co-director of the programme, will be teaching the
class on intellectual property law. Prof. Elena Boet Serra (also a magistrate)
will teach industrial property law. Finally, Prof. Santiago Estaún Ferrer will
be explaining the more psychological aspects of perception. The participation
of different institutions, organisations and companies that are involved in
research into patents and trademarks is also expected.
Target
students: Basically
those who have completed the Postgraduate course in Forensic Handwriting
Analysis, Graphistics, Document Examination and Forensic Sociolinguistics; jurists, lawyers, notaries, solicitors, civil
servants working in the court system or in public registrars, brokers,
criminologists, detectives, professors, chemists, qualified judicial experts,
specialists and leaders working in public and private safety. An undergraduate
degree (licenciatura or diplomatura) is a prerequisite; persons
with the appropriate professional background or with a foreign degree may
however be allowed to participate at the programme directors’ discretion; in
those cases, upon successful completion of the programme they will be given a
certificate stating that they followed the postgraduate-degree programme,
noting the classes, class hours and credits.
Total hours: 300 (including practice time and tutorials),
equivalent to 30 ECTS
Schedule: Fridays, 5pm to 9pm (January 2008
and ends October 2008, with breaks at Easter and summer). Students must attend
all classes, but a special group requiring only part-time attendance might be
set up for students living outside of Catalonia with experience in the
profession, if UAB has tutors available.
Place: In the historical building “Casa Convalescència” within the Hospital de Sant
Pau, c/ Sant Antoni Maria Claret, 171 (at the corner of c/ Sant Quintí), 08041 Barcelona. Ergonomic classrooms
fitted with projectors.
(Public transportation: Bus: 15, 19, 20, 45,
47, 50 and 51; Metro line 5, “Hospital de Sant Pau”, or line 4, “Guinardó”)
Pre-registration: Send an e-mail to the director, María Luz
Puente Balsells: info@grafologiauniversitaria.com
or send your information by ordinary mail to: Dirección de Estudios de Perito Calígrafo Judicial, Prof. Mª Luz Puente, E. Postgrado, UAB, Campus Barcelona Apt. 89015 – 08080 Barcelona, or by fax: (+34) 93 323 24 71.
Pre-registration must be confirmed personally, as must all enrolment
procedures (since space is limited, enrolment will follow the order in which
students pre-register).
Enrolment: November-December 2007 (you will be informed
on what days the enrolment procedure will be carried out)
Price: 1,200 euros.
Rights: status of a student in the
third cycle of studies at the UAB with student card and access to libraries.
Teaching materials: students
will be given material throughout the course including notes, study samples,
milimetric templates, CDs, articles, news items, database information and
specialist reading lists.
Tutorials: includes
face-to-face as well as virtual supporting tutorials.
Assessment: Ongoing (students will each have to prepare as many exercises and
reports as they are given individually or in work groups, until reaching a
level high enough to merit a passing grade).
DEGREE/DIPLOMA IN JUDICIAL ANALYSIS OF INTELLECTUAL
AND INDUSTRIAL PROPERTY
Once the student has passed the course, they will be given the following
credentials: an official academic document from the Universitat Autònoma de
Barcelona stating that the student has passed the programme in JUDICIAL
ANALYSIS OF INTELLECTUAL AND INDUSTRIAL PROPERTY from the Graduate School,
with the classes, hours and credits detailed.
The student may request a diploma for the postgraduate degree from the
Universitat Autònoma de Barcelona; in the case of those students who were
accepted into the programme by the directors thanks to their professional
career or due to having a foreign degree that has not been officially
recognised by the Spanish government, a certification will be given of having
followed the postgraduate degree studies.
UAB building -Casa Convalescència-
Telf: (34) 93. 321.57.48 - (34) 93.433.50.00
http://www.grafologiauniversitaria.com - mariluzpuente@hotmail.com