On 5 September 2024, the EU, UK and US joined seven other states[1] in signing the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (“Treaty”) – the first international treaty governing the safe use of artificial intelligence (‘‘AI’’).[2] The Treaty remains subject to ratification,
Cleary IP and Technology Insights
Blog Authors
Latest from Cleary IP and Technology Insights
NIST’s New Generative AI Profile: 200+ Ways to Manage the Risks of Generative AI
On July 26th, the National Institute of Standards and Technology (“NIST”) released its Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile (the “Profile”),[1] laying out more than 200 suggested actions to mitigate the risks of generative artificial intelligence (“Gen AI”). This Profile is a companion to NIST’s Artificial Intelligence Risk Management Framework (the…
The Subject of AI: New USPTO Guidance on the Subject Matter Eligibility of AI Inventions
As inventors, attorneys and patent examiners grapple with the impacts of AI on patents, the United States Patent and Trademark Office (the “USPTO”) has released guidance concerning the subject matter patent eligibility of inventions that relate to AI technology.[1] The impetus for this guidance was President Biden’s Executive Order on Safe, Secure and Trustworthy…
French data protection authority launches new public consultation on the development of AI systems
On 2 July, the French data protection supervisory authority – Commission Nationale de l’Informatique et des Libertés (CNIL) – launched a new public consultation on the development of AI systems. The public consultation is on (i) a new series of how-to sheets aimed at providing clarifications and recommendations with respect to seven issues related to…
Anthropic Wins Transfer to California in AI Copyright Lawsuit
This week, a federal court in Tennessee transferred to California a lawsuit brought by several large music publishers against a California-based AI company, Anthropic PBC. Plaintiffs in Concord Music Group et al. v. Anthropic PBC[1] allege that Anthropic infringed the music publishers’ copyrights by improperly using copyrighted song lyrics to train Claude, its generative AI…
NIST Delivers Draft Standards on AI and Launches GenAI Evaluation Program in Furtherance of President Biden’s Executive Order on AI
Late last month, the Department of Commerce’s National Institute of Standards and Technology (“NIST”) released four draft publications regarding actions taken by the agency following President Biden’s executive order on AI (the “Order”; see our prior alert here)[1] and call for action within six months of the Order. Adding to NIST’s mounting portfolio…
State and Federal Legislation Target AI Deepfakes
There has been a push at the state and federal level to regulate AI-generated deepfakes that use the voices and likenesses of real people without their approval. This legislative momentum stems from a series of high profile incidents involving deepfakes that garnered public attention and concern. Last year, an AI-generated song entitled “Heart on My…
UPSTO Issues “Significant” Guidance on Patentability of AI-Assisted Inventions, but unlike USCO, Does Not Require Disclosure of AI Involvement
The United States Patent and Trademark Office (“USPTO”) issued guidance on February 13, 2024 (the “Guidance”) regarding the patentability of inventions created or developed with the assistance of artificial intelligence (“AI”), a novel issue on which the USPTO has been seeking input from various public and private stakeholders over the past few years. President Biden…
Court Dismisses Most Claims in Authors’ Lawsuit Against OpenAI
This week saw yet another California federal court dismiss copyright and related claims arising out of the training and output of a generative AI model in Tremblay v. OpenAI, Inc.,[1]a putative class action filed on behalf of a group of authors alleging that OpenAI infringed their copyrighted literary works by using them to…
Nexus of AI, AI Regulation and Dispute Resolution
The rapid development of AI is introducing new opportunities and challenges to dispute resolution. AI is already impacting the document review and production process, legal research, and the drafting of court submissions. It is expected that the use of AI will expand into other areas, including predicting case outcomes and adjudicating disputes. However, the use…