For some time, the EU has been contemplating the introduction of a new Directive to make it easier for consumers to bring claims for a range of alleged harms caused by AI systems, commonly referred to as the AI Liability
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The EU, UK and US sign international treaty addressing risks of AI
On 5 September 2024, the EU, UK and US joined seven other states[1] in signing the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (“Treaty”) – the first international treaty…
NIST’s New Generative AI Profile: 200+ Ways to Manage the Risks of Generative AI
On July 26th, the National Institute of Standards and Technology (“NIST”) released its Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile (the “Profile”),[1] laying out more than 200 suggested actions to mitigate the risks of generative artificial intelligence…
The Subject of AI: New USPTO Guidance on the Subject Matter Eligibility of AI Inventions
As inventors, attorneys and patent examiners grapple with the impacts of AI on patents, the United States Patent and Trademark Office (the “USPTO”) has released guidance concerning the subject matter patent eligibility of inventions that relate to AI technology.[1]…
French data protection authority launches new public consultation on the development of AI systems
On 2 July, the French data protection supervisory authority – Commission Nationale de l’Informatique et des Libertés (CNIL) – launched a new public consultation on the development of AI systems. The public consultation is on (i) a new series of…
The AI Act has been published in the EU Official Journal
1. Background: three years of legislative debate
Today, on July 12, 2024, EU Regulation No. 1689/2024 laying down harmonized rules on Artificial Intelligence (“Regulation” or “AI Act”) was finally published in the EU Official Journal and will enter into force…
Anthropic Wins Transfer to California in AI Copyright Lawsuit
This week, a federal court in Tennessee transferred to California a lawsuit brought by several large music publishers against a California-based AI company, Anthropic PBC. Plaintiffs in Concord Music Group et al. v. Anthropic PBC[1] allege that Anthropic infringed the…
The Supreme Court Upholds Refusal to Register “Trump Too Small” Trademark
Last week, in Vidal v. Elster, the Supreme Court upheld the Lanham Act’s prohibition against registering a trademark that includes a living person’s name without their consent.[1] This case is the latest in a trilogy of challenges to…
Designing a New Standard for the Obviousness of Design Patents
In a recent en banc decision concerning the standard for assessing obviousness challenges to design patents, the United States Court of Appeals for the Federal Circuit discarded its long-standing standard, known as the Rosen-Durling test and regarded by many as…