UK law
Patents Court considers ongoing restrictions in confidentiality agreement
In Alcatel Lucent SAS v Amazon Digital UK Ltd and others [2024] EWHC 2339 (Pat), the Patents Court considered the extent of a confidentiality order. The case arose in the context of an action against Amazon for infringement of standard essential patents owned by the Nokia group.
Bank of England launches Artificial Intelligence Consortium
The Bank of England has launched an Artificial Intelligence Consortium. Its purpose is to provide a platform for public-private engagement to gather input from stakeholders on the capabilities, development, deployment and use of AI in UK financial services. Its specific aims are to identify how AI is or could be used in financial services, for example, by considering new capabilities, deployments and use cases as well as technical developments where relevant; to discuss the benefits, risks and challenges arising from the use of AI. Such benefits, risks and challenges may be with respect to financial services firms or with respect to the wider financial system. It also aims to inform the Bank of England’s approach to addressing risks and challenges, and to promoting the safe adoption of AI. Applications close on 8 November 2024.
EU law
European Commission launches specification proceedings to help Apple comply with interoperability obligations
The European Commission has started two specification proceedings to help Apple to comply with its interoperability obligations under the Digital Markets Act. Under the DMA, Apple must provide free and effective interoperability to third party developers and businesses with hardware and software features controlled by Apple’s operating systems iOS and iPadOS, designated under the DMA. The specification proceedings formalise the Commission’s regulatory dialogue with Apple. Under Article 8(2), the Commission may specify the measures a gatekeeper has to implement. The first proceeding focuses on several iOS connectivity features and functionalities, predominantly used for and by connected devices. The second proceeding focuses on the process Apple has set up to address interoperability requests submitted by developers and third parties for iOS and IPadOS. The Commission will conclude the proceedings within six months. It will communicate to Apple the measures it needs to take to effectively comply with the interoperability obligation of the DMA. A non-confidential summary of the preliminary findings and envisaged measures will be published to enable third parties to provide comments. These proceedings are without prejudice to the powers of the Commission to adopt a decision establishing non-compliance with any of the obligations laid down in the DMA by a gatekeeper, including the possibility to impose fines or periodic penalty payments.
European Patent Office rules reinforcement learning invention not patentable
A board of appeal of the European Patent Office has recently ruled in Reinforcement learning/BOSCH (Case T 1952/21) EP:BA:2024:T195221.20240614. It held that an application for a machine learning system using reinforcement learning was obvious. The board took the view that the distinguishing features over the prior art were not “technical”, as set out in EPO case law.
European Commission publishes policy brief on competition in generative AI and virtual worlds
The European Commission has published a policy brief on competition in generative AI and virtual worlds. Generative AI and virtual worlds technologies are set to have a profound impact on many industries. While they will bring many positive changes, they could also give rise to competition concerns. Some of these concerns may arise in connection with key inputs to these technologies, such as data, AI accelerator chips, computing infrastructure, cloud capacity and technical expertise. Others may relate to the deployment and distribution of these technologies. The European Commission remains alert to potential anticompetitive practices and is committed to keeping these sectors competitive and contestable via antitrust, merger control and the DMA.
Online platforms report on measures to protect European election integrity under the Code of Practice on Disinformation
Online platforms and signatories of the Code of Practice on Disinformation, including Google, Meta, Microsoft, and TikTok, have published their fourth set of reports setting out their actions to combat the spread of disinformation online, with a particular focus on the European elections held in June. The reports include information about the cooperation between signatories to protect the integrity of the European elections, as well as their experience of the Code’s Rapid Response System. The reports are accompanied by a set of Structural Indicators, providing insights that cover the prevalence of and engagement with online disinformation during the electoral period, measured across four EU countries. Signatories also indicate the measures they took to provide safeguards against the creation and dissemination of disinformation through generative AI.
Irish Data Protection Commission launches inquiry into Google AI model
The Data Protection Commission (DPC) is carrying out a cross-border statutory inquiry into Google Ireland Limited (Google) under Section 110 of the Irish Data Protection Act 2018. It is assessing if Google has complied with any obligations that it may have had to undertake an assessment, under Article 35[2] of the GDPR (requiring a Data Protection Impact Assessment (DPIA)), before engaging in the processing of the personal data of EU/EEA data subjects associated with the development of its foundational AI model, Pathways Language Model 2. The DPC points out that a DPIA, where required, is of crucial importance in ensuring that the fundamental rights and freedoms of individuals are adequately considered and protected when processing of personal data is likely to result in a high risk. The statutory inquiry forms part of the wider efforts of the DPC, working in conjunction with its EU/EEA peer regulators, in regulating the processing of the personal data of EU/EEA data subjects in the development of AI models and systems.
UN adopts Global Digital Compact
The UN has adopted the Global Digital Compact which it says marks the first truly worldwide agreement on the international regulation of artificial intelligence and is founded on the idea that technology should benefit everyone. It outlines commitments to ensure that digital technologies contribute to sustainable development and human rights, while addressing risks like digital divides, cybersecurity, and misuse of technology. The Compact aims to bridge the digital divide and ensure AI technologies are used responsibly, fostering global cooperation on both AI capabilities and security threats. Governments must form an impartial worldwide Scientific Panel on AI and start an international conversation about AI governance inside the UN.
