Welcome to the beating heart of Start Up Nation! Do you have a memory stick? It was invented a few buildings away from our faculty, at the Faculty of Engineering at TAU. Do you use online banking? Your bank probably uses a firewall made in Israel. Do you have Intel Inside? It was likely developed nearby. There is a reason why Google, Facebook, HP and other global hi-tech companies established research centers in Israel. We are in the midst of an information revolution, a mobile revolution, and likely other major changes that we will be able to appreciate only in years to come. The Law & Technology track of the International LL.M Program focuses on the development of technology within social, economic, political—and legal—environments. The track offers courses on Intellectual Property (IP), information law, and other related issues.
Introductory courses are offered so that you can delve into the issues even if you have little or no previous background. The advanced seminars, workshops, and intro courses are taught by excellent and first-rate professors, enabling you to immerse yourselves into the topic, and experience different modes of teaching.

To complete your specialization in Law & Technology track, you must take at least 11 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 that fit your schedule. You can focus on IP or on Information Law, or mix both, as you wish. You can also take courses from the Global Governance & Human Rights and Law & Business tracks, in addition to general elective courses.

The professors and courses refer to the 2015-2016 academic year - please be aware that courses and professors change each year. 

In Fall Semester, you will be able to take the introductory IP course, co-taught by two leading Israeli specialists, Adv. Tony Greenman, who will make sure you know the fundamentals of copyright law, and Adv. Eran Bareket, who will bring you all to the same page in patent law. At the same time, you can take Comparative Patent Law, an IP course co-taught by Prof. Peter Menell, from UC Berkeley Law School, the leading school in the United States in the field of Law & Technology, and by Mr. Asa Kling, Israel’s Head of the Patent & Trademark Office (PTO). You will learn the theory of patents law, the law in the books, and its actual practice. For those wishing to specialize in IP, we offer also a course on International IP in the Spring Semester taught by Dr. Amir Khoury from TAU Law. A practical business course on IP licensing is taught by Adv. David Mirchin, also in the Spring Semester. For those with interest in the arts, you can take Visual Arts & the Law" with Prof. Kurt Siehr later in the Spring Semester.

The second leg of the track is information law. The introductory course is taught in the format of a seminar, during the Fall Semester, by the program’s academic director, Prof. Michael Birnhack. The seminar is composed of classes, student lectures, and ultimately, your own original research work. For a business touch, Mr. Rick Kaplan, IBM Israel’s General Manager, teaches a course on negotiations in the tech industry, during the Fall Semester. The special courses in this field are taught this year by two leading Canadian scholars, on cutting-edge topics. Prof. Karen Eltis will combine constitutional law and the Internet during the Fall, and Prof. Ian Kerr, who holds the Canada Research Chair in Ethics, Law & Technology, will teach the Law of Robotics in the Spring.

The Law & Information Technology Workshop is a unique TAU Law format of studying, taught by Prof. Michael Birnhack and Prof. Assaf Jacob. Like in other workshops, we enable scholars and students to engage directly on academic works in progress: our diverse guests present the articles they are working on to graduate law students, eager for your feedback.

This is how it looks, for the techi lawyer:

  IP INFORMATION TECHNOLOGY IP & IT
FALL - Q1 (2015)

Introduction to IP
2 credits

Comparative Patent Law (US & Israel)
2 credits

Negotiation in the Technology Industry
2 credits

Workshop: Information Technology Law
3 credits

Seminar: Law and IT
3 credits

FALL - Q2 (2015)   Comparative Constitutional Rights in the Digital Age
2 credits
Workshop & Seminar continues

SPRING - Q3
(2016)

International Intellectual Property Law
2 credits

Licensing of Intellectual Property
2 credits

   
SPRING - Q4
(2016)
Visual Arts and the Law
2 credits
The Law of Robotics
2 credits
 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

The following courses are offered during the 2015-16 academic year, and are listed according to the time of year they are offered.  

FALL SEMESTER

Seminar: Law and IT
Professor Michael Birnhack
Credits: 3
Course number: 14939005
What is the relationship between law and information technology (IT)? Does the law lag behind IT? Can the law regulate technology? This seminar will query the complex relationship between law and IT. It is a conceptual seminar, with the intention of providing students with tools to address additional IT Law topics in their individual works. We will encounter several answers to the over-arching question and a few explanatory models. We shall ask not only whether the law can regulate technology, but also how. We will examine various regulatory modalities and legislative techniques. Accordingly, each of the topics we will discuss serves as a case study for one or more strands of the above, broader theoretical themes.
During the first meetings, we will sample few topics related to IT Law, such as online speech (shielding children from harmful material; the use of technological filters, the rise of new intermediaries, e.g., search engines), ISP liability, online anonymity, and digital privacy. The remainder of the seminar will be devoted to students' presentations of their individual research.
The purpose of the seminar is to equip students with informed general perspectives about the law/information technology relationship, delve into several topics in the seminar's meetings, and then enable the students to closely study one topic, in their seminar papers. As such, the seminar is also meant to improve academic legal skills.
Grade: 20% participation, 80% seminar paper due July 15, 2016

Workshop: Information Technology Law
Professor Michael Birnhack; Professor Assaf Jacob
Credits: 3
Course number: 1411700501
Digital networks have an almost infinite number of speech opportunities, communications, commerce and more, but also posed substantial challenges of copyright infringement, privacy violations, harm to one's reputation, terrorist activity, scams and more. What is the relationship between law and information technologies? This is the topic of the workshop. The workshop invites experts from Israel and abroad to present their current work, from law and other relevant disciplines. We will discuss these issues by way of critically reading several yet-unpublished works in progress on cutting edge topics, and then discussing the papers with the authors. This is an advanced seminar and assumes prior familiarity with the general themes of law and technology.
For foreign / exchange students: students in the Law & Technology track of the International LL.M program are expected to take the workshop. Exchange and other foreign students should meet the prerequisite of having studied at least one course on internet law / cyberlaw / intellectual property / digital privacy. In case of doubt, please contact Prof. Birnhack prior to registration.
Grade: Oral comment 10%, active participation 20%, written comments 70%.


Course: Negotiation in the Technology Industry
Mr. Rick Kaplan, IBM
Credits: 2
Course number: 1411721001
The focus of the course is development of basic negotiating skills in the context of global technology agreements. We will use developed fact patterns for active negotiations 1on1, 2on2 and 4on4 with both immediate and group feedback. Teams will get the fact patterns in advance and will be expected to do extensive preparation. "Getting Past No" will be the basic text. Specific legal subject matter issues will include: multi-jurisdictional contract issues, Intellectual Property including Patent, Trademark and Trade Secrets, Confidentiality, Indemnities, Limits of Liability (including issues with consequential and direct damages and increased liability for Gross Negligence and Willful Misconduct) and HR related issues. Negotiation subjects will include understanding leverage, risk balancing, preparation, negotiating styles and the importance of building trust.
Some class meetings will run 150 minutes (instead of the usual 90 minutes) in order to facilitate negotiation exercises.
Grade: Course grade will based on performance in active negotiation sessions plus strategy documents prepared prior to the negotiations.
***Registration for this course is extremely limited. The professor and program coordinator will confirm your enrollment in this course. Dropping this course is not permitted if your enrollment is confirmed.

FALL SEMESTER – QUARTER 1

Course: Comparative Patent Law: US and Israeli Perspectives
Professor Peter Menell, UC Berkeley and Asa Kling, Israel Patent Office Director
Credits: 2
Course number: 1411722750
This course, co-taught by Professor Menell and Israel Patent Office Director Asa Kling, will examine patent from both U.S. and Israeli perspectives. It will focus on salient issues, including the scope of patentable subject matter, claim interpretation and clarity, remedies, distinctive procedures for reviewing patents (the new U.S. Patent Trial and Appeal Board (PTAB) system), and patent reform initiatives.
Pre-requisites: Previous course in Intellectual Property Law or Patent Law OR
concurrent enrollment in Introduction to Intellectual Property (1493100701)
Grade: 24 Hrs. Take Home Exam (Dec. 1, 2015)
***Registration for this course is extremely limited. The professor and program coordinator will confirm your enrollment in this course. Dropping this course is not permitted if your enrollment is confirmed.

Course: Introduction to Intellectual Property
Adv. Tony Greenman & Adv. Eran Bareket
Credits: 2
Course number: 1493100701
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, as well as more modern concepts, such as the right of publicity and IP in traditional knowledge. In particular, we will explore the subject matter, scope and term of protection, as well as questions of ownership and infringement. Emphasis will be placed on 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)
Grade: 24 Hrs. Take Home Exam (Nov. 29, 2015)

FALL SEMESTER – QUARTER 2

Course: Comparative Constitutional Rights in the Digital Age
Professor Karen Eltis, University of Ottawa
Credits: 2
Course number: 1411722150
The digital "revolution" and advent of new technologies impact significantly on human rights and the courts' interpretation thereof. Thus for instance, the dramatically increased availability of information of all kinds and quality shapes our understanding of fundamental rights such as privacy, but also tends to change our perspective on freedom of expression, association and even socio-economic rights. What is more, the borderless nature of the Internet increasingly prompts scholars, judges and lawmakers to look outside their own legal system. Accordingly, comparative inquiry can have important practical benefits in terms of recognizing those underlying assumptions that generate conceptual obstacles to protecting human rights in the digital age and perhaps eventually formulating more coherent trans-systemic policy.
With an eye towards broader reflection on the role of comparative inquiry, the course will focus on the interplay between innovation and constitutional rights. It will seek to identify the issues that emerge from the growing use of technology transnationally, and to provide a conceptual basis for adjudicating the ongoing tension between divergent understandings of rights in a borderless digital age.
The course will engage in a thematic comparison of a number of issues critical to contemporary constitutionalism. Topics include: constitutional principles and interpretive tools; revisiting the "marketplace of ideas" model and speech regulation in the digital age; the US versus the Continental and Asia Pacific vision of privacy; the controversial European "right to be forgotten" and the impact of the Internet on democratic rights. The conceptual discussion will focus on the reciprocal relationship between constitutionalism, political culture and practical issues of policy and governance.
Grade: Final Paper 100%.


SPRING SEMESTER – QUARTER 3

Course: International Intellectual Property Law
Dr. Amir Khouri
Credits: 2
Course number: 1411656901
Unlike many fields in law, the national laws dealing with intellectual property protection are substantially affected by international agreements and conventions pertaining to the protection of IP rights. This course follows the development of these agreements namely how they were conceived and how they have evolved over time.
The course reflects on the changes that have occurred within the international IP régime namely with the advent of the World Trade Organization. It also considers the "trade-off" which leads countries to adopt that régime. The course also devotes attention to the "North-South" debate between Developed and Developing countries ("have"s & "have-not"s, respectively) and considers how this has been (and is being) resolved.
Grade: 100% Final Exam, with books (April 11, 2016, 9:00 AM)

Course: Licensing of Intellectual Property
Adv. David Mirchin
Credits: 2
Course number: 1493101101
This is an advanced licensing class for students who already have a solid foundation in intellectual property law and contract law. 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 and inventions. 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." The course will address some specific legal issues related to licensing, such as the enforceability of clickwrap agreements, and website terms of use never agreed to by users, the impact of bankruptcy upon a license, and licensing of open source software. Students will also learn about various forms of agreement related to intellectual property licenses, such as Software-as-a-Service (SaaS) agreements and software escrow agreements.
Grade: 24 Hrs. Take Home Exam (April 17, 2016)

SPRING SEMESTER – QUARTER 4

Course: The Law of Robotics
Dr. Ian Kerr, University of Ottawa
Credits: 2
Course number: 1411723950
We are entering an age of advanced robotics and automation. By the time that students enrolled in this course become established in their legal careers, it is anticipated that robots will be our surgeons and our domestic servants. Other complex services once offered by humans will be completely automated; these automated systems will become the proxy for human decision-making.
How do law and technology structure and constrain our possible future worlds? What laws or ethical rules ought to govern a society enmeshed in human-computer interaction? And how will these various codes enable and disable the possibility of achieving what is good, what is right and what is just?
The aim of this course is to interrogate the above questions through an exploration of the state of the art of robot and automation technologies and their introduction into society. Robots allow us to explore questions of legal ontology and epistemology, including what it means to know or enforce the law, the nature of rules and rule-following, what makes laws and their interpretation legitimate, the nature of just code, etc. We will also consider, more generally, the ethical and legal significance of populating robots in the workplace, market and home. Through a critique of existing and soon to be proposed ethical and legislative frameworks, we will contemplate the interrelationship between ethics, law and technology by thinking about the general goals of artificial intelligence, whether and how robots ought to be programmed, how automated systems ought to resolve conflicting rules and norms, and about the broader social implications of boarding this strange Mothership.
Grade: Final Paper 100%.

Course: Visual Arts & the Law
Professor Kurt Siehr, Max Planck Institute
Credits: 2
Course number: 1411558850
The course "Visual Arts and the Law" introduces into public international law, private international law and national law on the matter of protection of cultural objects and the cultural heritage. Also the law of the European Union is considered. The course touches on export prohibitions, stolen property, cultural property in times of war and times of peace and Holocaust art.
Prerequisites: It may be of some advantage if students had some knowledge in public and private international law.
Prerequisites: It may be of some advantage if students had some knowledge in public and private international law.
Grade: Final Exam 100% (with books).