Rosa is a researcher in Intellectual Property Law. She was awarded her LL.M. degree in 2005 at the University of Edinburgh (Scotland) and her law degree in 2003 at the University of Brescia (Italy).

Rosa is also a member of the INNOCENT Graduate School in IP law at the University of Helsinki (http://www.iprinfo.fi/page.php?page_id=203).

Advanced Intellectual Property Law

Research area: Intellectual Property Law, Software Patents, Software Copyright

Topic: Intellectual Property Protection of Computer Programs in the European and American Context

Rosa´s research assesses the challenges related to the application of IP law to computer programs, in order to increase awareness on the dynamics and controversies involved within the European and American systems in the field.

The study pursues the subject, first analysing the doctrinal issue of the ‘technical criterion’ as regards to CII patents in Europe. The main concern evolves around the current EPO approach and whether it represents a too rigid and obsolete process that should, as such, be abandoned.

Secondly, the research investigates the issues related to the emergence of ‘patent thickets’ in software and it analyses the potentially applicable solutions to the problem.

Thirdly, the study addresses the problems involved with intellectual property protection of the functional elements in software, with specific focus on the application of programs’ codes.

The project concludes with an analysis of the possible concerns that might arise from the simultaneous coexistence of copyright and patent rights on same software codes.

This study can be successfully realised only by combining legal, economic and technical, as well as practical and theoretical aspects.

Refereed Artilces:

RM Ballardini, "Scope of IP Protection for the Functional Elements of Software" (Forthcoming, 2010).

RM Ballardini, "The Software Patent Thicket: A Matter of Disclosure", (2009) 6:2 SCRIPTed 207, http://www.law.ed.ac.uk/ahrc/script-ed/vol6-2/ballardini.asp.

RM Ballardini, "Software Patents in Europe. The Technical Requirement Dilemma", Journal of Intellectual Property Law & Practice 2008(3)9:563-575, http://jiplp.oxfordjournals.org/cgi/content/abstract/jpn121v1.

Conference Papers and Lectures (Selection):

RM Ballardini, "Software Copyright: USA v. EU", IPR & Human Rights, ELSA International Conference, 26 Nov 2009, Helsinki.

RM Ballardini, "The Software Patent Thicket. A Question of Disclosure", 8th Annual Intellectual Property Scholars Conference, 07-08 Aug 2008, Stanford Law School.

RM Ballardini, "Patent Thickets & Innovation Concerns in the Software Industry", DFG Graduate School n. 1148, Intellectual Property and the Public Domain, 03 Mar 2008, University of Bayreuth, Germany.

RM Ballardini, “Software patents practice. A comparison between EPO and UK approaches”, Nordic Network IP Meeting, 19-21 Apr 2007, KØge, Denmark.

Case Commentaries:

RM Ballardini, "Same Lessons From In Re Bilski" (2009) 78 NIR 4, http://www.nir.nu/artiklar.asp?id=154.

RM Ballardini, "Business Method Patents in the US: In Re Bilski", IPRinfo 2/2009, http://www.iprinfo.com/page.php?page_id=36&action=articleDetails&a_id=659&id=43.

RM Ballardini, "Patentability of Computer Programs in the UK. The Symbian Case", IPRinfo 4/2008, http://www.iprinfo.com/page.php?page_id=36&action=articleDetails&a_id=623&id=41.

RM Ballardini, "Software Patents in the UK. Back on track?", IPRinfo 1/2008, http://www.iprinfo.com/page.php?page_id=36&action=articleDetails&a_id=533&id=37.