Archive: July 2024

Please join us at our 12th Annual European Data Protection Conference.

The Federal Court of Justice (Bundesgerichtshof - BGH) in Germany recently issued a landmark ruling on the role of artificial intelligence (AI) in patent law. The decision, on 11 June 2024, in the DABUS case (AZ X ZB 5/22), reinforces the principle that only natural persons can be named as inventors under patent law. This ruling has significant implications for the future of AI-generated inventions and patent applications globally.

The English Court of Appeal has decided that an artificial neural network (ANN) was not patentable in Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825 reversing the finding of the lower court (the High Court), and in so doing agreeing with the UK Intellectual Property Office’s (IPO) original rejection of the patent application on the basis of unpatentable subject matter. The decision has ramifications for how patent claims for ANNs (and perhaps AI more generally) are made going forward, clarifying that training of an AI system that helps create the AI system itself, and non-technical outputs it produces, are not relevant in establishing patentability in relation to an AI computer program.

On July 5, 2024, a federal trial court judge ruled that a class action plaintiff’s claim against Peloton for aiding and abetting wiretapping survived a 12(b)(6) motion to dismiss.

How can you ensure risk allocation appropriately meets your needs as a business? What liability caps should be subject to exceptions? Do the indemnities reallocate risk in the way you intend?  

The EU AI Act was entered into the EU’s statute books on July 12, 2024. A transition period will begin from 1 August when it enters into force. The geographic scope is very broad, with obligations falling on organisations using or involved in the supply of AI in the EU and organisations operating outside the EU where the AI’s output is used in the EU.

Artificial intelligence (AI) raises many intellectual property (IP) issues. While there are many AI models and use cases, this guide addresses key IP issues raised by generative AI systems, meaning systems such as ChatGPT, Bard and DALl-E with algorithms that generate new content (which, depending on the system may be text, audio, images, video code or other content).

Artificial intelligence (AI) is transforming the way businesses operate and interact with their customers.

The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act).