[co-author: Oli Jones]
This update outlines new technology, data privacy, cybersecurity, and IP legal developments to watch in 2024, or old developments currently underway.
See our Predictions for 2023 Other ongoing legal developments.
intellectual property
Generative AI – lasting impact
In 2022 and beyond, generative AI will continue to grow in popularity and availability.it is Estimation 79% of internet users aged 13-17 and 31% of internet users aged 16 and older use generative AI tools and services. However, the number of lawsuits filed against AI tool developers is also increasing. Legal claims have been filed in both the US and Europe related to the alleged use of materials to train AI models, both for large-scale language models and image generation tools. The validity of these claims has not yet been determined.
In addition to potential intellectual property infringement claims related to materials used to train AI models, AI also continues to pose challenges for those seeking to protect technologies created or conceptualized by AI. On December 20, 2023, the UK Supreme Court ruled that UK patent law does not allow AI systems to be named as “inventors” in patent applications. See previous client alerts for more information. here.
Potential liability relates to input risks arising from the materials used to train the AI tools and output risks arising from the content produced by the AI tools, including inaccuracies and biases. Users of generative AI should be increasingly wary of such liability and tread carefully before contracting with third-party providers. As the number of generative AI products continues to grow, customers may have greater power to “consider” more favorable contractual risk allocations. Negotiating contracts for AI-based products will become increasingly important as customers seek to reduce risk through AI systems.
UK Intellectual Property Office
In April 2023, the UK Intellectual Property Office (“IPO”) published List of key priorities for the financial year (ending April 2024). The specific goals identified for 2024 are:
- The One IPO service will be available to the public by the end of March 2024. New patent-related services include new online accounts for tracking and managing patent portfolios, digital application services, and APIs to link One IPO services with existing services. service.
- This will include digital hearings to begin the process of renewing trade marks, designs and court services for a start in 2025.
- Following an internal culture audit, we will develop a detailed culture change plan by January 2024, setting out how the IPO will move towards its ‘ideal culture’.
Other broader priorities include:
- Improve core IP entitlement services and their duration.
- Seek positive outcomes in EU law and trade negotiations that are upheld.
- We support small and medium-sized enterprises in making the most of their intellectual property assets.
technology
self-driving car bill
of self-driving car billwas announced in the King’s Speech in November 2023 and is currently at committee stage in the House of Lords. The bill aims to provide a legal framework for the regulation of autonomous vehicles on roads and elsewhere.The upcoming bill will implement the Law Commission’s recommendations. 4 year review Start regulating self-driving cars.
The proposed bill would require vehicles with features or adaptations to enable “autonomous driving,” meaning that (i) driving can be controlled by the vehicle itself, and (ii) the vehicle and its surroundings are not supervised by an individual. Applies to cases.
Among other things, the bill requires the Secretary of State to publish safety principles and gives him authority to operate an autonomous vehicle approval and licensing system. It also creates new criminal offenses and penalties for licensed operators of autonomous vehicles and individuals, including senior managers and responsible users of these operators.
As well as sponsored by Global AI Safety Summit Last year’s legislation represented a renewed commitment by the UK government to remain at the forefront of technology development.british government Estimate The self-driving industry will create up to 38,000 new jobs in the UK and be worth an estimated £42bn by 2035.
online safety law
The Online Safety Act came into effect in October 2023. royal consent And it is becoming possible to apply it in a step-by-step approach.Ofcom has already started consultation Regarding the safety of children online, a publication will be published in 2024 that will include classification thresholds (which will impact on relevant obligations under the law) and a code of conduct and guidance for businesses. Further secondary legislation is also expected to give this law full effect.
Broadly speaking, this law imposes obligations on service providers to identify, mitigate, and manage risks of harm (related to both illegal and harmful content). The law particularly affects operators of social media platforms, which require them to implement age restrictions and age verification measures and prevent children from accessing harmful content (including the prompt removal of such content). be.
Digital Markets, Competition and Consumer Bill
The Digital Markets, Competition and Consumers Bill was proposed in November 2023. Modified This is to provide further balance to the new regulatory powers, including an appeals process that allows eligible tech companies to challenge regulatory decisions on proportionality grounds and challenge fines.The bill is was intended Addressing the high market power of a small number of high-tech companies and giving new powers to the Competition and Markets Authority’s Digital Markets Division.
The bill is currently in committee in the House of Lords, with a second reading scheduled for 5 December 2023.
Data privacy and cyber security
Data Protection and Digital Information Bill
of Data Protection and Digital Information Bill The Bill was introduced in the House of Commons on 8 March 2023 and is currently undergoing Second Reading in the House of Lords on 20 December 2023. The Bill aims to update and simplify the UK’s data protection framework with a wide range of provisions. The main changes are:
- Reduce barriers to responsible innovation, including in relation to the processing of personal data for scientific or historical research.
- It eases the burden on businesses by easing record-keeping requirements and introducing a ‘senior officer’ to replace the data protection officer.
- Reduce data flow barriers. The Secretary of State will have broad powers to certify that countries provide an adequate level of data protection and have established “data bridges” with other countries.
- Reform the structure and powers of the Information Commissioner’s Office.
- Fines for nuisance calls and texts increased from £500,000 to £17.5 million. Website operators will now be able to place cookies without prior consent in a wider range of circumstances.
Michelle Donnellan, Secretary of State for Science, Innovation and Technology; said This bill isPost-Brexit is an opportunity to create a new UK data rights regime tailored to our needs.“However, companies operating in the EU need to be aware of the differences under the UK and EU GDPR.
New “data bridge”
Data Bridges are established with countries that the UK Government deems to have ‘adequate’ data protection regimes, allowing the free flow of personal data from the UK to these countries (with additional protection no means).british government announced A new data bridge between the UK and the US will be completed on 21 September 2023, and additional data bridges are expected to be implemented at Dubai International Financial Center (“DIFC“) and Singapore in 2024. Both listed The UK Government announced data partnerships as a top priority in August 2021.
Since then, on December 15, 2022, Joint statement On behalf of the UK Government and the DIFC Authority, a joint commitment to deepening the UK-DIFC data partnership was announced. In this statement, there was a special emphasis on “.UK-DIFC data bridge initiative”.
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