Bryony Hurst

The eagerly awaited decision of the UK Court of Appeal in the Emotional Perception case, which concerns the patentability of AI, has been handed down. As I explain in the article linked below, this case provides some much needed guidance on whether artificial neural networks are excluded from patentability. So can AI systems be patented? It depends! #AI #DLAPiperAI #PatentabilityofAI #AIPatents

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Some really interesting stuff in here on the AI and the Law - https://lnkd.in/e7qj32k5 On the regulatory front this is a tricky area. The suggestion that regulators should be responsible for auditing AI algorithms would be a huge step and require an incredible level of funding I suspect The move away from the billable hour is an absolute must for the industry if the march of AI continues

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The UK Court of Appeal 🏛️ recently issued its judgment in Interdigital v Lenovo, further consolidating the UK jurisprudence on FRAND and the setting of FRAND royalties. Whilst largely upholding the trial judge’s decision, the Court of Appeal increased the royalties payable by Lenovo and confirmed that the FRAND licence fees determined by the Court can extend beyond normal limitation periods (unlike damages for patent infringement). Highly recommend this article by my colleagues Andrew Moir, David Webb and Amelia Chammas for further insights on this decision 🌟 #intellectualproperty #patents #SEPs #FRAND

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The extraordinary amount of power and water consumed by an AI/crytpo service/data centre does not seem to be among the factors considered by the Bank of England/PRA (or indeed regulators involved in the Digital Regulation Cooperation Forum). I fear these are 'externalities' that neither government nor any of the direct participants is really focused on - the implication being that customers/households will simply pay, either in utility bills and/or shortages... https://lnkd.in/etTrXnip

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Does anyone read the small print? Well, when it comes to the privacy notices of 20 UK public bodies, the answer is...probably not. Freedom of information requests submitted by Linklaters showed that only 1 in 200 website visitors looked at the privacy notices and, of those that did, they spent an average of 48 seconds doing so. Yet despite this, consumers are likely to be faced with more of this information not less. As well as its continued importance for data privacy compliance, the Online Safety Act will require many online services to provide an enormous amount of further information in their T&Cs. The article below, written in Peter Church's characteristic style, is well worth a read (not least due to the fact it quotes from our recent ICO v Experian judgment).

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More new content to highlight for Lexis+ Competition - we are very happy to publish two new practice notes, written in partnership with Denis Fosselard and Fiona Garside at Ashurst, in relation to: 1. The EU Research and Development Block Exemption; and 2. The EU Specialisation Block Exemption These practice notes explain the key provisions of the block exemptions and should provide a useful reference tool for competition and commercial lawyers alike when dealing with these types of agreements. Links below (subscription required): The EU Research and Development Block Exemption 2023/1066: https://lnkd.in/ey9X6TE6 The EU Specialisation Block Exemption 2023/1067: https://lnkd.in/efJrbkfJ #competitionlaw #antitrust #blockexemptions #EUlaw #lexisnexis

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Our take on how the UPC is approaching issues of language in UPC proceedings. In particular, if you are sued for infringement of an English language European patent, but the proceedings are not in English, how likely is it that the UPC will agree to switch the language of proceedings into English? #UnifiedPatentCourt #UPCWeekly #UPCnugget #patentlitigation #MewburnEllis

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See below our thoughts on the latest proposed changes to the UK Takeover Panel’s jurisdiction

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Thank you to all our clients, colleagues and friends who came to the launch event this morning. Some initial press commentary on the link below…and the report can be downloaded from our website here: https://lnkd.in/e_bnefWx #UKcompetitionlaw #antitrust #cmslaw

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In advance of Pinsent Masons' AI conference on 4 July, Philip N. and Karl Simons OBE have produced this article published in SHP: The impact of AI on H&S management and legislative compliance #healthandsafety

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📃 Re UKCloud Ltd (in liquidation) is another first instance case which considers whether security is fixed or floating, following closely after Re Avanti Communications Ltd (in administration). In the context of Internet Protocol (IP) addresses, it helpfully confirms the process for characterising security as fixed/floating and provides further colour on the factors relevant to the analysis. In this briefing note, we consider the key points and takeaways from the case. Read the full briefing 👇

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Our latest newsletter is worth a read to stay up to date on key data protection developments throughout Europe, the Middle East and APAC:

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At last week's session I looked at the fact that an in house lawyer is looking at more regulation than ever before in the technology sector - both because of the proliferation of security regulation and also the ideological differences between the UK and EU (for instance between the Online Safety Bill and Digital Services Act). A way that I suggested to keep on top of the regulation was through the use of AI - specifically GPTs. They are relatively easy to create and can be really helpful to find your way around regulation. Having created one for GDPR (a regulation I'm familiar with) - here's one for the EU AI Act - which I must admit am still working my way through! Any question elicits an answer that both references the right section of the EU AI Act and also links to it so you can check it for yourself. Let me know what you think - I'll leave a link to it in the comments.

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Online safety and Ofcom are big news today - with Ofcom confirming the next steps in its regulation of online service providers. Here's our TLT take on the subject and some suggestions on how to develop a compliance plan for the Online Safety Act. #december2024 #getready with Alastair Edmondson and Oluwagbemiga O.!

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The #PPA's Guidelines on BOD Responsibilities for Privacy and Data Security Are Now Mandatory!!!! The draft guidelines issued by the PPA a year ago have been widely discussed (some of us were introduced to this draft at Lior Etgar 's and EBN - Erdinast. Ben Nathan. Toledano s seminar meeting a day before this draft was disclosed to the public for review :)) It's important to note that the Authority now clarifies that the obligations imposed on the board primarily concern "companies where the processing of personal data is at the core of their activities" or whose activities "pose an increased risk to privacy." Key points of the #newguidelines: 1. The BOD is in charge of overseeing compliance with the Privacy Protection Law and data security regulations. 2. The BOD is in charge of the development and adoption of data protection policy. 3. The BOD is responsible for monitoring and control systems. 4. Immediate reporting to the Authority of data security incidents. 5. Preventing failures in data security and ongoing monitoring of policy implementation. #privacy #BOD #amendment13

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A somewhat disappointing update of the UK IPO's guidelines on AI despite #EmotionalPerception judgement. Takeaways include that 1) ANNs can still fall down under mathematical and business method exclusions, and 2) claims not specifically directed to ANNs (e.g. machine learning or model training) continue to fall within the computer program exclusion, according to the UK IPO.

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🍏 Exciting news from Apple - the new iPhone will feature intelligent Ephemeral AI capabilities. Yesterday, Gareth Stokes, Isla Neil, Patricia Taylor, and I delved into what this advancement might mean for companies if their employees use them for business purposes. 📣 Regulatory Risks: we highlight the risks of non-compliance with record-keeping requirements in the UK and EU, such as those from the FCA, Companies Act 2006, and GDPR. 🔎 Litigation Risks: we flag litigation risks, especially regarding the obligation of disclosure in legal proceedings. 🆘 Mitigation Strategies: we also highlight the importance of governance, clear internal policies, staff training, and regular audits to mitigate risks associated with EM. Read more here: https://lnkd.in/eSe8Rctd

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See the first of our briefings on one of the many facets of the DMCC Act - just to be contrarian, part 1 is merger control. Amongst the noise, some immediate practical implications for UK deal doers here. With thanks to Karoline Phillips Sarah Randall and Victoire Binchet #DMCCBill #DMCCAct #digitalmarkets #ukmergercontrol #competitionlaw #AddleshawGoddard

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Aᴘʀɪʟ'ꜱ Dᴀᴛᴀ Pʀᴏᴛᴇᴄᴛɪᴏɴ Dɪɢᴇꜱᴛ Including: 🤖 Spotlight on AI: CNIL's recommendations, UK-US collaboration on AI safety, California's move to watermark AI-generated content. 🔐 Cybersecurity: UK's PSTIA regulations in effect, aiming to tighten product security. 🔒 EDPB and ICO on "consent or pay" models. #DataProtection #Cybersecurity #AI #PrivacyLaw https://lnkd.in/g6xTDrcV

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