Prof. Yaniv Benhamou

Data protection & Cybersecurity

Intellectual property and Art law

Prof. Yaniv Benhamou (Dr. iur., Attorney-at-Law, Lecturer at the University of Geneva) specializes in Intellectual Property, Data Protection and Art Law. He regularly advises private companies and public authorities with regard to Intellectual Property, Data Protection, Entertainment Law and Technology Law (including Big Data and Artificial Intelligence).

Besides his legal practice, Prof. Yaniv Benhamou works at the University of Geneva, where he teaches the class « Data Protection in the Digital Economy » and is in charge of institutional missions relating to the digital transformation. He is also executive director of the Internet Law Summer School and co-organizer of the WIPO-UNIGE Summers School on Intellectual Property. He is also co-author of the WIPO guide on Big Data and IP (forthcoming) and appointed expert by WIPO for museums and copyright. He is also member of the board of directors of the Art-Law Centre Geneva. He was recently Visiting Researcher at the Berkman Klein Center for Internet & Society at Harvard University (2018) as well as the Centre for Media and Communications Law at Melbourne University (2016).

In addition to these legal activities, he is involved in associative and cultural activities in the field of Art and Music, in particular he co-founded lab-of-arts and Artists Rights, free legal consultations for Swiss artists (i.e. Swiss volunteering lawyers for the arts).

Education

Harvard University, Cambridge, Berkman Klein Center for Internet & Society, Visiting Scholar (2018)

Center for Media and Communications Law, Melbourne Law School, Melbourne, Visiting Scholar (2015)

Admission to the Geneva Bar (2015)

PhD “Dommages-intérêts suite à la violation de droit de la propriété intellectuelle“, University of Geneva (summa cum laude, Bellot Price) (2012)

Max Planck Institute for IP, Competition and Tax Law, Munich, Visiting Scholar (2007)

University of Geneva, Faculty of Law, Master (2005)

Summer School on Intellectual Property, Geneva, Certificate of the WIPO (2005)

Duke University and University of Geneva, Certificate in Transnational Law (2003)

Experience

Aegis (formerly ABR Attorneys at Law) : counsel (since 2019)

Appointed Expert for WIPO on copyright & museums (2017-2019)

University of Geneva, Lecturer, Privacy and Data Protection (Master course), Intellectual Property Law (Master course), in charge of institutional missions relating to the Digital Transformation (since 2015)

University of Geneva, Executive Director of the Digital Law Summer School, co-organizer of the WIPO-UNIGE Summer School on IP (since 2015)

Lenz & Staehelin, Geneva, associate (2013-2019)

Nater Dallafior, Zurich, associate (2010-2011)

Languages

French, English, German, Spanish

PUBLICATIONS BY Prof. Yaniv Benhamou

Artificial Intelligence and Damages: Assessing Liability and Calculating Damages

Leading Legal Disruption: Artificial Intelligence And A Toolkit For Lawyers And The Law [Giuseppina D'Agostino, Aviv Gaon, Carole Piovesan, édit.], Montréal (Thomson Reuters - Yvon Blais) 2021, p. 165-197

Big Data and the Law: a holistic analysis based on a three-step approach - Mapping property-like rights, their exceptions and licensing practices

in Revue suisse de droit des affaires et du marché financier 4/2020, p. 393-418

WIPO Revised Report on Copyright Practices and Challenges of Museums, 28/5

World Intellectual Property Organization, 2019

GDPR on the Swiss Territory. Cooperation with European Authorities and Enforcement of Monetary Fines

Jusletter IT 24. Mai/2018

Data portability and interoperability : an issue that needs to be anticipated in today's IT-driven world

Expert Focus 8/2017, p. 518-523

Quantification of monetary relief, International Association for the Protection of Intellectual Property (AIPPI), Question 246

Sic ! 11/2017, p. 774 ss

Website blocking injunctions under Swiss law. From civil and administrative injunctions to criminal seizure or forfeiture

Expert Focus 11/2017, p. 885-893

Copyright and Museums in the Digital Age

WIPO Magazine 3/2016, p. 25-28

Employees' Intellectual Property Rights in Switzerland

Employees' Intellectual Property Rights [Sanna Wolk / Kacper Szkalej, édit.], Alphen aan den Rijn (Wolters Kluwer) 2015, p. 367-393

Exceptions and limitations to copyright protection, AIPPI, Question Q246

Sic ! 2015, p. 533 ss

ICT - Recht und Praxis : Online Social Networks

Sic ! 1/2012, p. 64-66

Comment on the German Federal Supreme Court (Bundesgerichtshof, 14 May 2009 - Case No. I ZR 98/06)

International Review of Intellectual Property and Competition Law (IIC) 2010, p. 236-245

Compensation of Prejudice for Infringements of Intellectual Property Rights in France, under the Directive 2004/48/EC and Its Transposition Law : New Notions?

International Review of Intellectual Property and Competition Law (IIC) 2/2009, p. 125ss

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