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Tag Archives: AI

Posted in Artificial Intelligence, Policy & Regulation, Technology

Civil liability regime for artificial intelligence

On 20 October 2020, the European Parliament put forward detailed legislative proposals on a civil liability regime for artificial intelligence. The European Commission will consider the proposals and reports submitted by the European Parliament, with its legislative proposal on these matters being expected in early 2021. Changes to EU Civil Liability Framework  The proposal creates a two-fold liability regime consisting of “high-risk” AI systems and “other” AI systems. Common principles for operators of both high-risk and other AI-systems include: Operators cannot escape liability on the grounds that the harm was

Posted in Artificial Intelligence, Policy & Regulation

Outlook on a common liability framework for high-risk AI systems in the EU

In May 2020, the European Parliament’s Committee on Legal Affairs took the initiative and published a draft report with recommendations to the Commission on a civil liability regime for artificial intelligence (AI) (the Draft Report). The Draft Report provides an outlook on some of the legal concepts that will be subject to discussion in a future legislative process. Directive 85/374/EEC (PL Directive) and the Draft Report are considered by the Committee as two pillars of a common liability framework for AI systems and it acknowledges that such a project requires

Posted in Copyright, Intellectual Property, patents, Technology Photo of Burkhart GoebelPhoto of Miriam GundtPhoto of Celine CrowsonPhoto of Lloyd Parker

Global Intellectual Property Outlook 2020 – Two steps forward and a look back

Our fourth annual Global Intellectual Property Outlook reflects on some of the biggest developments from 2019, and provides valuable insights on upcoming changes in 2020. From key decisions and the latest case law, to how emerging technology, policy and trade will impact your IP portfolio and strategy. The start to 2020 has been an unprecedented time for us all. As citizens, businesses, governments and regulators adjust to the new challenges presented by the global spread of COVID-19, and social distancing and remote working become the new norm, there is no

Posted in Technology, Telecoms & Broadband Photo of Trey Hanbury

What I’m Watching For at #CES2020

I’m headed to #CES2020 this week with a backup battery, comfortable shoes, and a lot of questions. After eyeing the new televisions and fancy cars, I intend to focus on learning more about the following areas: 5G. Each of the major wireless operators has their own blend of frequencies and their own conception of what will move consumers to take advantage of an immensely more capable and robust wireless 5G NR technology platform. How are the carriers using their preexisting technology choices and spectrum mixes to capture market share and

Posted in Cybersecurity

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare (Agenda & Speakers Announced)

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London. We will share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops. We are particularly excited to announce that we will be joined by guest speakers: James Dipple-Johnston; Deputy Commissioner (Operations) at the UK Information Commissioner’s Office Jannine Aston; Director, Privacy Policy & Compliance, INTL at

Posted in Intellectual Property, patents Photo of Jason Lohr

Webinar summary: Artificial Intelligence – Getting to grips with basics and legal implications

Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT. AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and tips for navigating this complex area were covered, including: The current state of AI and key concepts: As AI is still relatively new, the best way to develop a better understanding is to become familiar with

Posted in Artificial Intelligence Photo of Trey HanburyPhoto of Yarmela PavlovicPhoto of George John

Internet of Things Webinar Series – Health Care and the Internet of Things: New Regulatory Developments

Mobile phone applications are already tracking intimate health data, including our sleep habits, steps walked, body measurements, nutrition, and more. Apps draw this information from the devices many of us now religiously maintain along with our daily wardrobe. In this data-hungry age, doctors and health care providers can apply artificial intelligence (“AI”) to the data to help them provide patients personalized and immediate help. The mobile applications, wearable devices, and artificial intelligence use are here to stay. But how will the federal government push its regulatory frontiers to permit the

Posted in Artificial Intelligence, Data Protection & Privacy Photo of Mark BrennanPhoto of Bret CohenPhoto of Filippo Raso

NIST Seeking Input on AI Technical Standards by May 31, 2019

On May 1, 2019, the National institute of Standards and Technology (NIST) announced a Request for Information (RFI) in the Federal Register regarding ongoing efforts to develop technical standards for artificial intelligence (AI) technologies and the identification of priority areas for federal involvement in AI standards-related activities. Responses to the RFI are due by May 31, 2019. The RFI comes in response to President Trump’s Executive Order to Maintain American Leadership in Artificial Intelligence, which among other actions directs NIST to develop a plan to guide the federal government’s engagement

Posted in patents Photo of Dominic Hoar

UK AIPPI rapid response event: Actavis v ICOS (tadalafil) Supreme Court judgment

On 4 April 2019 Hogan Lovells hosted this event, in which Tom Mitcheson QC and Mark Chacksfield QC (who acted against each other) gave their views on the Supreme Court’s decision on inventive step in a case related to the drug tadalafil (Cialis), a PDE5 inhibitor for erectile dysfunction. Here is a potted history of the case: Claim 10 of the Lilly/ICOS Patent read: “Use of a unit dose containing 1 to 5mg of a compound having the structure [of tadalafil] for the manufacture of a medicament for administration up

Posted in Copyright, Cybersecurity, Digital Single Market (EU) Photo of Burkhart Goebel

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and understand how they impact you. Our third annual Global IP Outlook reflects on some of the major developments in intellectual property law and emerging and growing industries. Regardless of your industry or specialism the Outlook

Posted in Internet, Policy & Regulation Photo of Winston Maxwell

Using artificial intelligence to fight hate speech

Hogan Lovells partner Winston Maxwell spoke at the executive roundtable on artificial intelligence and online hate speech, organised on January 31, 2019 by CERRE, the Centre on Regulation in Europe. The goal of the roundtable was to discuss what measures should be adopted to fight hate speech online and to look at the pros and cons of using machine-learning in that context.

Posted in Artificial Intelligence, Data Protection & Privacy Photo of Jason Lohr

Legal landmines lie in wait for machine learning applications

An ever increasing variety of companies are incorporating machine learning into their products and services. Machine learning provides the ability to quickly and accurately perform, in parellel, a large number of well-defined tasks. The accuracy will improveover time as additional data is obtaied and the machine learning model continues to “learn”. Many companies, however, are struggling with the best way to protect machine learning and artificial intelligence innovation. In amchine learning, statistical models (ie, neural networks) are trained using a set of classified data. Once trained, the model can analyse

Posted in Policy & Regulation Photo of Imogen Ireland

The Skilled machines disrupting drug design

Capable of identifying novel compounds for therapeutic use, AI is saving time and costs in a process that can take around 10 to 15 years and billions of pounds to complete. For the pharmaceutical industry, which has traditionally relied on patents to protect innovation and fund R&D, this should be good news, but is an intelligent machine’s output really patentable? This article, first published in Intellectual Property Magazine, October 2018, explores just some of the issues. Clever algorithm or autonomous robot?  “AI” is used to describe multiple technologies with a range

Posted in Technology

AI, machine learning & legal tech: The 6th Hamburg Legal Tech Meetup at Google with Hogan Lovells

On September 6, the sixth Hamburg Legal Tech Meetup took place at Google’s German headquarters in Hamburg. The Hamburg Legal Tech Meetup is an event series initiated by Nico Kuhlmann (Hogan Lovells). The gathering of stakeholders aims at elaborating new ways of adapting legal services to digitalisation by further enhancing interdisciplinary and inter-industry exchange in the field of legal tech. This meetup’s technical focus was on artificial intelligence and particularly machine learning while the legal spotlight focused on how in-house counsel and external law firms are going to cooperate well under the

Posted in Technology Photo of Imogen Ireland

EU Patent Office publishes preview of guidelines on patenting AI applications

The preview-version of the EPO’s Guidelines for Examination is out now (link here), and, for the first time ever, there is specific guidance on patenting AI applications – Are there any surprises in the Guidelines? Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”). Following intensive discussions on the impact of AI in the patents sector, the EPO promised to update its Guidelines for Examination, to provide specific guidance on the examination of AI applications under existing computer-implemented inventions (“CII”) practice

Posted in Technology

Data commercialisation strategy: A drill-down with Financier Worldwide

In this new article in Financier Worldwide, IP Partners Zenas J. Choi and Cullen G. Taylor take a look at how businesses should develop strategies to turn a wealth of raw data into valuable assets by harnessing the power of new tech and capturing the value that legal solutions provide. The following key areas are covered: What is data commercialisation? The unseen value of your company data Technological considerations Internet of Things (IoT) devices, including IP rights protection Blockchain ledgers and smart contracts, including proving IP ownership Artificial Intelligence (AI) and machine learning,

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Penny Thornton

The Brexit White Paper: A digital Brexit?

The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit. As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK.   So what does the Government have to say about sector? The White Paper’s distinguishes physical goods from the digital and services sectors. Integrated supply chains and the challenges of the Irish border have driven an approach to physical goods which maintains a high degree of

Posted in Technology Photo of Penny ThorntonPhoto of Imogen Ireland

Are the UK’s intellectual property laws ready for AI?

“AI doesn’t just belong to a few tech giants in Silicon Valley”: these were the words of Google Cloud’s chief scientist for AI, Fei-Fei Li, speaking in March 2018 at a panel discussion on the impact of AI. Whilst companies such as IBM, Microsoft and Google have been at the forefront of AI for a number of years, many organizations across many different industries, are now looking to jump on the bandwagon, as AI continues to permeate the public consciousness. In response to the gathering momentum behind AI, thought-leaders in

Posted in Policy & Regulation, Technology Photo of Richard DiffenthalPhoto of Helen McGowan

Top academic weighs in on Artificial Intelligence regulation

The buzz regarding the potential for artificial intelligence (“AI”) to revolutionise our lives is inescapable. Development of AI technology is a huge growth area, and investors are banking on an “AI boom” in everything from cybersecurity and healthcare. The capabilities and achievements of AI in some areas are certainly astonishing – self-driving cars are no longer theoretical but a reality, and AlphaGo is now arguably the strongest Go player in history. But the picture isn’t all rosy, which the Economist has recently described as a ‘Techlash’ against the digital giants.

Posted in Policy & Regulation, Technology Photo of Helen McGowan

Cross-sector code of conduct for AI – a solution with substance?

On 16 April 2018 the House of Lords Select Committee on Artificial Intelligence published a wide-ranging report on the status of artificial intelligence (“AI”) in the UK. The report, entitled “AI in the UK: ready, willing and able?” (available here), provides comprehensive coverage of critical issues relevant to the development and use of AI in the UK, such as the potential bias in AI systems; the need for AI systems to be intelligible; funding, education and training in the AI sector; and risk mitigation. The Chairman of the Select Committee,

Posted in Policy & Regulation, Technology

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social media, and beyond is being affected. These new technologies present a variety of commercial opportunities and the potential to change our daily lives. At the same time, new AI innovations bring many legal, policy, commercial, and strategic challenges that need to be considered thoughtfully across jurisdictions. In some instances, existing frameworks can be applied or adapted. For others, new paradigms and robust safeguards may be needed. And as machine-learning technologies continue to evolve, organizations will

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Is Artificial Intelligence the Ultimate Test for Privacy?

Nothing challenges the effectiveness of data protection law like technological innovation. You think you have cracked a technology neutral framework and then along comes the next evolutionary step in the chain to rock the boat. It happened with the cloud. It happened with social media, with mobile, with online behavioural targeting and with the Internet of Things. And from the combination of all of that, artificial intelligence is emerging as the new testing ground. 21st century artificial intelligence relies on machine learning, and machine learning relies on…? You guessed it:

Posted in Data Protection & Privacy, Policy & Regulation, Technology Photo of Winston Maxwell

Should we regulate artificial intelligence?

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks. Artificial intelligence (“AI”) permits valuable new applications for society. Autonomous vehicles will increase safety and reduce pollution. Voice recognition could make computer keyboards obsolete. AI will advance medical science, and help manage the consequences of global warming. These applications generate huge value for society, but can create new risks, including disruptions in the workforce

Posted in Technology Photo of Helen McGowan

Artificial Intelligence – are you keeping up?

On Thursday 4 May 2017, Hogan Lovells’ Tech Hub hosted Azeem Azhar, renowned strategist, product entrepreneur and writer, who spoke about the current status and implications of Artificial Intelligence (“AI”). Science fiction or science fact: the current AI boom Far from being a futuristic ambition, we are living in a world where countless daily activities are powered by AI. Whilst Artificial General Intelligence may yet be a few years away, we are seeing applications of Artificial Narrow Intelligence across a range of use cases from virtual personal assistants to news