European Parliament: AI should not own IPRs
After MEPs first discussed the draft report of rules for Artificial Intelligence (AI) in may, they have already adopted a first set of EU rules for AI regulation at yesterday’s plenary session.
Iban García del Blanco’s leigslative initiative urges the European Commission to promptly introduce a legislative framework which would regulate AI’s use and development in a way so as to respect the ethical principles and standards and certain legal obligations. The initiative adopted with 559 votes emphasises that future laws must focus primarily on human-made AI, security and transparency, and inclusion of safeguards which will prevent AI bias and discrimination. It is also crucial that the laws allow for human oversight over any self-learning AI technology.
The second legislative initiative was presented by Axel Voss and it called for regulation of civil liability for damages, caused by AI. Legal frameworks will have to introduce legal security as well as incentivise innovations in a way that will see people trust in AI more and by deterring potentially highly-dangerous activities. Initiative adopted with 626 votes also advocates for a type of objective liability of AI operators to be introduced, similar to how use of motor vehicles is regulated.
Finally, the report by Stéphane Séjourné highlighted the importance of having an effective system for intellectual property rights protection and a system of safeguards for protection of innovators’ interests. The report was adopted with 612 votes and in its crucial part it opposes AI having legal personality and therefore AI having ownership of intellectual property rights, which should still only be granted to humans.
In doing so, the EP is the first legislative body to, albeit by way of soft-law, address the issue of AI potentially owning intellectual property rights, and has taken a strong opposing view. It will be interesting to see the reactions to the EP’s legal initiatives, first from the European Commission, and later potentially from national legislators as well.
Ministry of Justice held a virtual conference on the regulation of artificial intelligence, ethics and fundamental rights
The discussion in the first panel was led by Dr Maja Bogataj Jančič, who is co-chair of the Data Governance Working Group at the Global Partnership for Artificial Intelligence (GPAI). The second panel was chaired by Gregor Strojin, Chair of the Council of Europe’s Ad hoc Committee on Artificial Intelligence (CAHAI). The speakers focused mainly on the proposal for the Artificial Intelligence Act. In addition to the regulatory activities currently underway at the Council of Europe and the EU, the OECD and UNESCO also presented their activities.
The European Court of Justice (CJEU) has finally (almost a year since the Advocate General opinion, on which IPI already reported) issued a ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3(1) InfoSoc Directive. Even though the CJEU, in its ruling, refrained from engaging with the DSM Directive’s Article 17, the judgment is still highly significant, as it comms at a time when the fundamental rights compatibility of Art. 17 DSM Directive is in question, and very few Member States have implemented the DSM Directive, including Slovenia, where the public debate ended on 28th of June, 2021.
On 15th of July Advocate General Saugmandsgaard Øe has issued an Opinion on Case C-401/19, the Polish request to annul Article 17 of the DSM directive. Since the opinion provides an important clarification on user rights safeguards, COMMUNIA is organising a special lunch edition of COMMUNIA salon, on Wednesday, the 21st of July at 1300, on which these clarifications will be analysed.
On 20 July 2021, the Ministry of Justice of the Republic of Slovenia will host a virtual conference focusing on the effective protection of fundamental rights in the regulation of artificial intelligence in Europe and beyond. The event will be moderated by Dr. Maja Bogataj Jančič, LL.M., LL.M., founder and head of the Institute for Intellectual Property, who is also the Co-Chair of the Data Governance Group at the Global Partnership for Artificial Intelligence (GPAI).