EU legislators are moving forward with new legislation on regulating the access to and use of data generated through use
The European Commission Proposes a New Regulation on Standard Essential Patents and FRAND Licensing
On 27 April 2023, the European Commission (the “Commission”) proposed a new regulation on the licensing of standard essential patents (the “Proposal”).[1] The objective of the Proposal is to facilitate standard essential patent (“SEP”) licensing negotiations by providing clarity on several aspects: transparency as to who owns SEPs and which SEPs are essential; transparency on fair, reasonable and non-discriminatory (“FRAND”) terms and conditions; and dispute resolution for the determination of FRAND terms.[2]
Contracts involving European Patents: Five Steps to Take Now in the Wake of the New EU Unitary Patent System
What You Need To Know
- From 1 June 2023, a new EU unitary patent system (UPS) will become fully effective. A unitary patent (UP) is a European patent granted by the European Patent Office (EPO) to which, at the patent owner’s request, unitary effect is given for the territory of the EU Member States that have ratified the Unified Patent Court Agreement – currently, 17 EU Member States. UPs give patent owners uniform protection across participating EU Member States, removing the need for national validation procedures as well as individual national enforcement in each EU Member State.
UK ICO Updates Guidance on AI and Data Protection
On 15 March 2023, the UK ICO published an update to its Guidance on AI and Data Protection (the “Guidance”), following requests from the UK industry to clarify requirements for fairness in artificial intelligence (“AI”). The Guidance contains advice on the interpretation of relevant data protection law as it applies to AI, and recommendations on good practice for organisational and technical measures to mitigate risks caused by AI.
Automated Vehicles: Driving the Future of Transport?
In light of the increasing prevalence of automated “self-driving” vehicles, the Law Commissions of England and Wales and Scotland published a joint report on automated vehicles at the beginning of last year, which is currently before the UK Parliament for consideration. The report recommends the introduction of a new Automated Vehicles Act specifically to regulate automated vehicles and recalibrate legal accountability for their use.
Modernising Liability Rules for Products and AI in the Digital Age
In September 2022, the European Commission published its proposal for a new product liability directive (“PLD”), and a proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence (“AILD”).