Law, Regulation, and Technology - Master

Masteremne

Emnebeskrivelse

Mål og innhald

The course is not offered autumn 2024

This course considers contemporary issues at the interface of Law, Regulation, and Technology. Its starting point is the traditional idea of Law as the primary means by which social and political life are regulated, and of the State as the primary regulatory actor. Through a series of case studies involving intellectual property (IP), we ask how this conception sits with the reality of regulation in the current advanced technological age. The objectives are to introduce students to some of the most important and pressing legal issues of today, and to enable them to engage in contemporary debates regarding (a) Technology as a source of regulatory opportunities and challenges for States, and (b) the role of Law, including IP Law particularly, in exploiting and negotiating them.

Schedule of Classes

The course will be taught in 12 seminars during the Autumn semester, following this or a similar schedule:

Class 1: Law, Regulation, and Technology

  • The nature of Law, Regulation, and Technology
  • Technology as a source of regulatory opportunities and challenges for States
  • Law in an advanced technological age

Class 2: Intellectual Property

  • The nature of Intellectual Property
  • The role of IP Law historically and today
  • Conceptions of IP, including as a regulatory tool and system

Classes 3 to 5: Patent Systems and Modern Biotech

  • Arguments for (and Against) Patents
  • Modern Biotech and its disruption of Patent Law
  • Contemporary Patent Issues: inventions, incentives, and public benefit; gene and medical patenting

Classes 5 (continued) to 7: Copyright in Cyberspace

  • Arguments for (and Against) Copyright
  • The Internet and its disruption of Copyright Law
  • Contemporary Copyright Issues: works, rights, and third-party freedoms; media monitoring, hyperlinking, and online hosting

Classes 8 and 9: Trade Marks in the Platform Economy

  • Arguments for (and Against) Trade Marks
  • The Platform Economy and its disruption of Trademark Law
  • Contemporary Trademark Issues: brands, TM functions, and liability; extended protections, keyword advertising, and platform operators

Classes 10 and 11: (Intellectual) Property and Big Data

  • Arguments for (and Against) Data Protection
  • AI and its disruption of Data Protection
  • Contemporary Data Protection Issues: regulatory agendas and approaches, (surveillance) capitalism; privacy, property, and proposals for reform

Class 12: Concluding Themes

All students are expected to prepare in advance for class and to participate in class discussions.

Læringsutbyte

After successful completion of this course, students will have:

  • Advanced knowledge of key contemporary debates in the field of Law, Regulation, and Technology, including specialised insight into some of the regulatory challenges created for Law and the State by advanced digital and bio technologies;
  • Thorough knowledge of scholarly theories and methods in the field of Law, Regulation, and Technology, particularly as they relate to IP;
  • The ability to apply this knowledge to new areas within the fields of Law, Regulation, and Technology, and IP;
  • The ability to analyse academic problems on the basis of the history, traditions, distinctive character, and place in society of Law, Regulation, and Technology, and particularly of IP
  • The ability to ooperate with law students from other countries, and gain perspectives on common legal challenges from students from a legal background different than their own
  • The ability to contribute with perspectives from their own country and legal background.

Students will also have developed certain skills and general competence, including:

  • The ability to analyse and engage critically with doctrinal, policy, and theoretical sources of different types, and to use those sources to structure and formulate persuasive scholarly arguments in the fields covered by the course;
  • The ability to apply their knowledge and skills when thinking about new problems in the fields of Law, Regulation, and Technology, and IP;
  • The ability to work independently and to carry out independent, limited research in the fields of Law, Regulation, and Technology, and IP;
  • The ability to write clearly, coherently, and persuasively on legal and policy issues in the fields of Law, Regulation, and Technology, and IP.
  • The ability to present and evaluate legal analyses and points of view in English, both orally and in writing

Studiepoeng, omfang

10 ECTS

Studienivå (studiesyklus)

Master level

Undervisningssemester

Autumn

Undervisningsstad

Faculty of Law, University of Bergen

(The course requires in-person attendance and is not suitable for online/remote study)

Krav til forkunnskapar
Three years of law studies. Good level of English.
Tilrådde forkunnskapar
None
Studiepoengsreduksjon

Combined with JUS298-2-A Law, Regulation and Technology or JUS2305 Law, Regulation and Technology - Bachelor, this course will generate no new credits.

The course combines successfully with

Krav til studierett

The course is available for students:

  • Admitted to the five-year master programme in law
  • Admitted to the two-year master programme in law
  • Granted admission to elective courses at the Faculty of Law
  • Granted additional right to study following completed Master in Law degree at UiB
  • Exchange students at the Faculty of Law

The pre-requirements may still limit certain students' access to the course.

Arbeids- og undervisningsformer
Discussion-based classes.
Obligatorisk undervisningsaktivitet

Students are required to submit a paper of between 1,800 and 2,000 words on a designated topic. The paper must be approved by the lecturer. Only students who have had their paper approved will obtain the right to sit the final exam.

Students who fail the paper will have a chance to resubmit their paper before the exam.

Vurderingsformer

One three-hour digital school exam, sat after the final seminar in the Autumn semester. (Information about digital examination can be found at http://www.uib.no/en/education/87471/digital-examination.)

Exam language:

  • Question paper: English
  • Answer paper: English
Karakterskala
A - E for passed, F for failed
Vurderingssemester

Autumn

Students who do not pass the examination may re-sit in the following semester provided that the mandatory assignment and/or activity has been approved and when the examination result is due to

  • legitimate reason for non-attendance (see Section 3-4, paragraph 3 b ii in the Supplementary Regulations)
  • failed result

For rules regarding voluntary re-sit, see Section 3-4, paragraph 1 c.

Litteraturliste
The reading list will be ready 1st July for the autumn semester.
Emneevaluering
According to the administrative arrangements for course evaluation at the Faculty of Law
Hjelpemiddel til eksamen
Students may bring their own copy of a bilingual dictionary to/from English and any other language, in one or two volumes.
For further info see section 3-9 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
Programansvarleg
The Academic Affairs Committee (Studieutvalget) at the Faculty of Law is responsible for ensuring the material content, structure and quality of the course.
Emneansvarleg
Professor Justine Pila
Administrativt ansvarleg
The Faculty of Law's section for students and academic affairs (Studieseksjonen) is responsible for administering the programme.