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.
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.
A new book “Law and Artificial Intelligence: Issues of Ethics, Human Rights and Social Harm” was published (Institute of Criminology at the Faculty of law in Ljubljana, 2021), the editors of which are prof. dr. Aleš Završnik and dr. Katja Simončič. The author of one of the articles is also dr. Maja Bogataj Jančič, LL.M., LL.M., who wrote an article on the topic of whether artificial intelligence can be an author of a copyright work.
Jožef Štefan Institute is organising GO-DIP workshop series, first of them coming on November 19th, 2021 is revolving around software IP and data agreements. The GO-DIP project aims to increase the competencies of knowledge generators and intermediaries. At 15.10 dr. Maja Bogataj Jančič, LL.M., LL.M. will be lecturing in the Workshop: Development of a checklist for model digital IP agreements. Welcome!
2nd GPAI Summit will occur from 11-12 November, 2021 in Paris, France. Leading international AI experts from civil society, academia, industry and governments, including ministerial-level delegates from GPAI’s Membership, will come together for GPAI’s annual event. This public-facing event will include reporting on the ten Working Groups’ study topics, including the reporting of Data Governance Working Group (DG WG). Public conferences will be broadcasted live on GPAI’s Youtube channel. Welcome!