Law & Technology
Welcome to the beating heart of Start-Up Nation! Do you have a memory stick? Flash memory was invented a few buildings away from our law school, at the Faculty of Engineering at TAU. Do you use online banking? Your bank probably uses a firewall invented in Israel. Does your car have MobilEye installed? That too, was developed nearby, in Jerusalem. There is a reason why Google, Facebook, Amazon, IBM, Intel, HP and other global hi-tech companies have established research centers in Israel. We are in the midst of an information revolution, with Big Data, Artificial Intelligence, the Internet of Things, and a mobile revolution converging. Our Law & Technology track focuses on the interface of law and technology. The track offers courses on Intellectual Property (IP), cyber and information law, and other related issues.
To complete your specialization in Law & Technology track, you must take at least 14-15 credits of the LL.M.’s 32 required credits, from courses within the Law & Technology track, but you are more than welcome to take as many courses as you see fit – and of course, that fit your schedule. You can focus on IP or on Information Law, or mix both. You can also choose to take courses from other tracks, in addition to general elective courses.
The professors and courses refer to the 2023-2024 academic year courses are subject to change every year.
Contemporary Issues in Intellectual Property
Prof. Jessica Silbey - Boston University School of Law
Through a series of case studies (active or emerging disputes around the world concerning IP), this course will investigate cutting edge issues in intellectual property that concern human rights and civil rights rather than innovation policy and economics. The course will be structured as a lecture about the details of the case and the law that applies, followed by discussion and debate about the case. The students will be expected to take sides in the case and argue positions.
Pre-requisites: Some or an Intellectual Property course.
Introduction to Intellectual Property
Adv. Tony Greenman & Adv. Sarit Erez
Intellectual property is a key driver of the modern economy. The course will introduce the student to the theoretical basis and the legal foundations of intellectual property protection. We will examine the fundamentals of the laws of the traditional forms of intellectual property: copyright and related rights, patents, designs, trademarks and trade secrets. We will explore the subject matter, scope and term of protection, as well as questions of ownership and infringement. We will also discuss the balancing of IP rights with the public interest, such as the right of free speech and the free flow of information, and on the influence of advances in technology on that balance. Additionally, we will discuss the international regimes of protection and different approaches to the subject matter in various jurisdictions.
Mandatory for International LL.M. - Technology Track students without a prior background in IP.
International Intellectual Property Law
Prof. Amir Khoury - Tel Aviv University
While Intellectual Property is largely managed on the National Level, the entire regulative structure of this IP is firmly based on International Regulation thereof. This course presents the structure within International IP Law. The course deals with the history of the field, its present as well its future. But in addition to these the course is also practical and business oriented in that it also makes the connection between the law and the field of business, research, development and international relations.
Empirical Legal Studies
Prof. Daniel M. Klerman - University of Southern California Gould School of Law
This course introduces students to Empirical Legal Studies. Empirical Legal Studies tries to understand law and the legal system by studying how they actually work in the real world rather than by analyzing statutes, judicial opinions, and other legal sources. Empirical Legal Studies primarily uses quantitative data in order to understand the effect of law and how to make it better. The course materials are articles by leading researchers that illustrate the methods and potential uses of Empirical Legal Studies, including applications to Corporate Law, Intellectual Property, Comparative Law, Criminal Law, and the study of legal institutions, judges, and lawyers. No knowledge of statistics is required.
Dr. Ayal Shenhav & Adv. Ashok Chandrasekhar - GKH Law Office
The purpose of this course is to expose the students to the complex and multi-faceted high-tech industry in Israel ? including the entrepreneurs, engineers, financial backers, regulators, and global corporations that have enabled that industry to blossom ? naturally with close attention to the legal framework in which this ecosystem exists and thrives. Among other issues, the course will cover the history of the Israeli tech ecosystem, the stages in the growth of a start-up company from formation to exit, and the perspectives of the various industry players at each stage. We will explore the legal and business aspects of the relationships among founders, structural issues (including jurisdiction of formation) in forming a company, financing rounds (including equity and debt, and looking at the roles of angel investors, venture capital funds, crowd funding, and strategic investors), government incentive programs, commercialization of technology, and the processes involved in mergers & acquisitions or initial public offerings. We will also discuss the structure and operation of venture capital funds, the role of venture lenders, the implementation of employee equity compensation plans, employment law issues, tax issues in the start-up context, and more. Because many Israeli start-ups conduct operations in, and have investors from, multiple jurisdictions, the course will also touch on treatment of issues where varying legal systems come into play.
Law & Information Technology
Prof. Niva Elkin-Koren - Tel Aviv University
Information technology is affecting every aspect of our lives, transforming work, trade, communities, politics and governance. The law is called upon to respond to these changes, by applying old doctrines to the new information environment. At the same time, however, courts and legislators are also playing a key role in shaping technological innovation, business models, social relations and political structures.
This seminar explores the complex relationship between law and information technology. It offers an in-depth exploration of some of the challenges to law in the digital era, emphasizing regulatory options and policy considerations. The study of law in the digital environment further offers an opportunity to explore new types of governance, using digital platforms, Artificial Intelligence and data, and to re-examine some premises regarding the law and how it operates.
The seminar is designed to facilitate the writing of research papers. Students will be required to submit a thesis statement of the topic (including a preliminary bibliography) for approval, and to present their initial findings towards the end of the semester.
Law and Technology
Prof. Niva Elkin Koren & Prof. Assaf Hamdani - Tel Aviv University
The purpose of the workshop is to explore the legal and policy implications of technology. The workshop will invite leading scholars to present their work-in-progress on various topics at the intersection of law and technology. Students will have an opportunity to discuss the papers directly with the paper presenters, and to comment on the papers in writing and during class.
Intellectual Property as a Toolkit for Technology Transfer
Prof. Laurent Manderieux - Bocconi University
The Course is intended to detail how Intellectual Property Rights (mostly patents and copyright) are permitting in practice efficient and profitable technology transfer (for Licensors and Licensees, respectively), and the role of Intellectual Property in the practical functioning of TTOs. Both theoretical questions and hands on aspects will be covered.
Licensing of Intellectual Property
Adv. David Mirchin - Meitar Liquornik Geva Leshem Tal
The focus will be practical rather than theoretical, and the course will address real-world business and legal scenarios faced by technology companies. The purpose of the course is to familiarize students with a wide range of licensing issues and ways to address divergent interests. We will cover in-depth licensing of software, content, trademarks and patents, as well as open source software and creative commons. We will review the purpose of various key terms in licensing agreements, the interests of each party, and a variety of fallback and alternative solutions which could serve your client and "make the deal happen." Students will also learn about various forms of agreement related to intellectual property licenses, such as Software-as-a-Service (SaaS) agreements, software maintenance agreements, Service Level Agreements, and software escrow agreements.
Prerequisites: This is an advanced licensing class for students who already have a foundation in intellectual property law and contract law.
Comparative Copyright Law
Prof. Amanda Whorton – Cornell Law School
Copyright is the legal foundation of creative industries and spans global economic and cultural activities?it is by its nature international and comparative. Students in this class will critically compare and evaluate legal approaches to elements of copyright law in selected jurisdictions. Jurisdictions explored may include Israel, the EU, France, Australia, Canada, and India, with U.S. copyright law as a reference point. Through scholarly readings, international treaties, and court opinions, class discussion, and their own research and analysis, students will examine comparative approaches to copyright issues and develop critiques and proposals.
Pre-requisites: A prior course in Intellectual Property or Copyright is recommended, but not required.
**These are the courses that are being offered during the 2023-2024 academic year. Courses are subject, and likely, to change year to year. Applicants will be sent a final course list once it is available.