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Artificial Intelligence

Assessing the State of Artificial Intelligence

In 2023, Tapestry Networks and Clifford Chance launched AI Connect to provide board members and senior executives from leading companies with a platform to engage on the possibilities and risks posed by AI. Following a series of interviews and small group discussions to debate what the emerging AI ecosystem will look like and how business leaders can responsibly deploy the technology, the AI Connect Forum have launched a brand new report on key takeaways from the findings: Assessing the State of Artificial Intelligence.
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Fintech

SEC Invents "AI Washing" with Focus on Investment Adviser Practices

On March 18, 2024, the U.S. Securities and Exchange Commission (SEC) settled enforcement actions against two SEC-registered investment advisers, Delphia (USA) Inc. (Delphia) and Global Predictions Inc. (Global Predictions) for allegedly deceptive disclosures about their use of artificial intelligence.
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Healthtech

AI in US Healthcare Outsourcing – It's Time to Check Your Contracts

If you are a health insurer that outsources your claims processing functions, you are likely leveraging your service providers' artificial intelligence (AI) and have been for quite some time. The rapid growth in generative AI and concerns about its use are cause to re-examine your outsourcing agreements.

Intellectual Property

UK Supreme Court ruled that AI cannot be an inventor for UK patents

After hearing the case of Thaler v Comptroller General of Patents Trade Marks and Designs in March earlier this year, the UK Supreme Court has ruled, in a hotly anticipated judgment, that an inventor within the meaning of the Patents Act 1977 (the "1977 Act") must be a natural person who devises a new and non-obvious product or process (the invention), and that an AI system cannot be an inventor.

Healthtech

The Impact of the new EU AI Act on the Healthcare Sector: Part One - Scope and a Risk-Based Approach

All stakeholders in the healthcare industry should make themselves acquainted with the new European legal framework for AI and its implications for their products and services as early as possible to lay the foundations for a successful alignment of their operational and strategic business with the new legal requirements.

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AI: the evolving legal landscape in Asia Pacific

Asia Pacific (APAC) is a first mover in relation to AI regulation. Mainland China, in particular, has had city or regional regulations in place for some time and, more recently, enacted national AI regulations targeted at particular types of AI services or use. Across APAC, however, approaches vary significantly in relation to regulating AI. This article explores AI-related legislative developments across APAC, as part of our APAC tech themes series. The first focus topic of the series examining data themes in APAC can be found here. For more in-depth analysis of tech issues and developments across APAC, see our second edition of A Guide to Technology Disputes in Asia Pacific, available here.

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More AI Articles

Healthcare & life sciences

Commercial Implications for Health Insurers in the Latest AI Guidance from the US Government

Artificial Intelligence (AI) is fuelling discussions on regulation, appropriate oversight, and ethical use. For the health care industry, the use of AI has at its core a range of social policy issues that intimately relate to individuals' medical treatment and ultimately, wellbeing, and new U.S. Government guidance will have a significant impact on health insurers

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Artificial intelligence

Japanese Law Issues Surrounding Generative AI: ChatGPT, Bard and Beyond

Organisations and governments around the world are attempting to harness the power of generative AI and navigate a path for safe and secure use. In Japan, those exploring the opportunities presented by generative AI will need to consider complex legal issues, including in relation to copyright, data privacy and liability.

Artificial intelligence

Biden Executive Order on AI: what businesses can do (for now) about the safety and security mandates

This article focuses on the safety and security aspects of the EO and similarly, seeks to offer practical guidance and perspective.

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Generative AI: the big questions

With the public release of OpenAI’s ChatGPT, generative AI went from niche to nova. Generative AI has reached an astonishing level of capability, from producing near-human text responses and photorealistic images of non-existent events, to suggesting software code and creating websites. In turn, political and regulatory focus has sharpened regarding how to ensure responsible AI use and development. Balancing risk and reward in the deployment of AI has entered uncharted territory as the legal landscape for AI evolves and this versatile technology disrupts the way we work and create across sectors.

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Artificial intelligence

What businesses need to know (for now) about the Biden Executive Order on AI

On October 30, 2023, President Joe Biden announced an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO), which marks a historic milestone in the regulation of artificial intelligence systems and technologies in the United States.

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Healthtech

Is ChatGPT a medical device?

ChatGPT can provide medical information, but should it be classified a medical device? It's a question that Germany's Federal Institute for Drugs and Medical Devices (BfArM) was confronted with in an open letter from a Hamburg-based law firm .

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Intellectual Property

What's wrong with this picture? AI-created images and content: copyright ownership and infringement

Countless social media posts, images and articles have been generated using AI tools such as ChatGPT, Stable Diffusion and Dall-E. But who – if anyone – owns the copyright in the outputs, and do the tools themselves infringe copyright? Our IP & Tech//Digital teams take a deep dive into the issues and the recent infringement claims.

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Artificial intelligence

EU AI Act: Final negotiations can begin after European Parliament vote

On 14 June 2023, the European Parliament voted to adopt its negotiating position on the proposed EU regulation on AI (AI Act). This is another major step towards the adoption of the proposed AI Act, undoubtedly one of the most important and anticipated pieces of legislation of the past few years.In this article (also available as a PDF), we examine some of the key changes introduced by the European Parliament.

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Artificial intelligence

All Eyes on AI: More guidance for U.S. employers on the use and risks of AI in hiring decisions

On May 24, 2023, the U.S. Equal Opportunity Employment Commission issued a paper, "Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Action of 1964," with the aim of continuing to provide further guidance to employers on the uses and potential misuses of algorithmic decision-making tools.

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Webinar: Intellectual Property and Artificial Intelligence – A Review of New Legal Challenges

On 28th November 2023 our panel of international experts looked at the key IP issues for businesses arising from AI across the US, Europe and APAC: (i) the IP infringement risks relating to the training of large language models and generative AI tools; (ii) potential IP infringement risks for the users of AI tools; and (iii) whether the outputs of generative AI can themselves be protected by copyright and patent rights.

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Intellectual Property

AI-Generated Music and Copyright

When a track by artist "Ghostwriter" was uploaded and then promptly removed from streaming services in April, it was the latest example of one of 2023's most astonishing trends. The track 'heart on my sleeve' sounded like it was sung by two of the world's biggest stars, Drake and The Weeknd. In fact, it was actually someone who had used an AI tool to make his voice sound like theirs.

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Artificial intelligence

China moves to further regulate artificial intelligence – what businesses should know

On 11 April 2023, the Cyberspace Administration of China (CAC) published a consultation draft (the Administrative Measures for Generative Artificial Intelligence Services (the GenAI Measures)) to regulate the rapidly developing field of generative artificial intelligence (AI). This article highlights some key questions for businesses that are involved in the use or development of AI within or outside China.

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Artificial intelligence

The intellectual property and data protection implications of training generative AI

The models underlying popular generative AI tools such as ChatGPT, Bard and DALL-E are being trained on vast amounts of data sourced from the internet. The use of such data in the training of GPT and similar models therefore gives rise to intellectual property and data protection risks on a significantly augmented scale.

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Artificial intelligence

Financial services can light the way for context-specific AI regulation

Given the rapid uptake in the use of artificial intelligence (AI) including machine learning (ML) technologies in the financial services sector, the sector and its regulators have enjoyed a head start in exploring and seeking to navigate the issues that arise. The sector is therefore well-positioned to demonstrate how a pro-innovation, context-specific and risk-based approach to regulating AI can succeed.

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Artificial intelligence

ICYMI: The U.S. Government Launches AI Accountability Consultation

On April 11, President Biden's administration quietly dropped a consultation that might lead to a slow revolution in the U.S.'s approach to AI regulation. The Department of Commerce's National Telecommunications and Information Administration (NTIA) published a request for comment (RFC) on how to achieve "trustworthy AI." The comments window is open until June 12, after which the NTIA will draft a report on AI policy development

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Cyber

Data poisoning and AI transparency

In this article, part of behavioural insights practice Canvas8’s 2024 Expert Outlook – an annual report helping businesses to understand and navigate behavioural change in the year ahead – Herbert Swaniker, a senior lawyer at Clifford Chance, charts the new challenges for cyber security.

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Reports

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Report: Responsible AI in Practice

Public awareness of AI is increasing and, with it, questions on how AI will be used and the impact it will have on our lives. To help identify the pressures faced by policymakers and demands from stakeholders, our report, in partnership with Milltown Partners – Responsible AI in Practice – analyses the results of focus groups of policy-informed individuals conducted in the US, the UK and Germany. Groups were asked about issues such as bias, consent, copyright, transparency,  content moderation and AI governance.  We found that people's attitudes towards AI are developed and nuanced. They are optimistic about the potential of AI, but there is work to do to demonstrate that it will be used responsibly and safely.

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Artificial intelligence

Trouble in the cockpit? Popular AI tool faces class action lawsuit

A class action against GitHub Copilot has been filed alleging violations of the rights, including copyright, of authors that have created or contributed to codebases stored as public repositories on GitHub.

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Data

Clearview AI appeals the ICO's monetary penalty notice (over £7.5 million fine) and enforcement notice (order to delete certain data)

The First-Tier Tribunal (Information Rights) (FTT) heard Clearview's appeal in November 2022. The appeal outcome is expected imminently.

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Artificial intelligence

Developers can now let an AI assistant write code for them - but what are the IP implications?

A year after its announcement, GitHub Copilot was launched last month to the public at large. The tool promises to "fundamentally change the nature of software development" by providing AI-based coding suggestions, saving developers time and effort. What are the intellectual property implications for those who build or buy software created using Copilot? .

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Artificial intelligence

Artificial Intelligence M&A and Fundraisings in 2023

AI has quickly become one of the biggest stories for Technology investors so far this year, snowballing steadily since the launch of OpenAI's ChatGPT at the end of 2022. The arrival of 'generative AI' that can produce new content (text-based responses to queries, images, audio, video and even code) marks a new and exciting phase in the development of mainstream AI applications. The starting gun has been fired for a race to capture the market.

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Real estate

Digital Twins: Legal Considerations

Demand for precise virtual modelling of real-world assets is gaining momentum, especially in the construction industry. What legal risks and challenges should companies expect to face? A digital twin is an exact virtual model of a real-world asset which enables interaction with that asset, be it a physical object (such as a building or jet engine), a system (such as a piece of computer networking architecture) or a process.

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Artificial intelligence

Managing AI in an evolving legal landscape webinar

In this webinar our experts: examined recent legal developments in a number of jurisdictions; considered key issues affecting the successful deployment and management of AI and machine learning; looked ahead to expected changes to relevant regulatory regimes; and discussed what businesses can do to prepare.

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Artificial intelligence

Employing AI: Artificial Intelligence in the US recruitment and hiring process

Is federal regulation on the horizon ?

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Rollout of autonomous vehicles: UK government plans for a legislative framework

The UK government has announced plans to develop a new legislative framework to allow for the wider rollout of autonomous vehicles (AVs) on UK roads by 2025. We look at the legal proposals in more detail and the related ethical considerations raised by the Centre for Data Ethics and Innovation (CDEI) in its report on Responsible Innovation in Self-Driving Vehicles.

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Intellectual Property

EPO rules only humans can be inventors – another blow to the DABUS patents

This latest case shows at least when it comes to patent inventorship, as things stand, humans are still the "measure of all things".

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Upcoming events

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30 April: AI Series: Regulating AI – examining global developments (online)

This session will look at the global development of regulatory frameworks for AI, including emerging trends and diverging approaches being taken in different jurisdictions. This will include the EU’s AI Act, US developments at federal and state level, the UK perspective and the measures being taken in China to tackle regulation of generative AI and deepfakes.

Time:  08:00 EDT / 13:00 BST / 14:00 CEST / 20:00 HKT

To Register, please complete the online registration form.

Video recordings Video recordings are available following each session and can be accessed on the Clifford Chance Client Portal and the Financial Markets Toolkit. 
See all our events

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