Welcome back to the AI Observer, HLK's newsletter tracking the AI legal landscape.
In the latest instalment, our AI team explore AI patenting activity and trends from the past five years, highlighting the global distribution of AI patent grants, application statistics at the IP5 offices, and insights into the major players in the AI landscape.
In this month's legislative update, our experts explore the latest on the EU AI Pact, which has now been signed by over 100 companies including Google and Microsoft, and the news that Ukraine has registered its first AI-generated work under a new copyright law aimed at protecting such content.
Did you miss the previous issue of the AI Observer? Check out all our previous issues and other AI updates here.
AI – worldwide patenting on the rise?
In this article, we'll look at AI patenting activity and trends over the last 5 years including the distribution of AI patent grants worldwide, AI patent applications at the IP5 offices and the big AI players.
Read the full article here.
Legislation watch
The European Commission has announced that over 100 companies, including Google, OpenAI, Microsoft and Amazon, have signed the EU AI Pact. This voluntary initiative encourages companies to begin applying the principles of the AI Act ahead of its full implementation in 2026.
Signatories commit to three core actions: developing an AI governance strategy to promote AI adoption and ensure compliance with the forthcoming legislation, mapping high-risk AI systems to identify those likely to be given "high-risk" status under the AI Act, and promoting AI literacy among staff to foster ethical and responsible AI development. Additional (optional) commitments include ensuring human oversight, mitigating AI-related risks, and labelling certain AI-generated content, such as deepfakes.
The AI Act, which took effect on 1 August 2024, is set to be fully applicable next summer. The Pact remains open for companies to sign up until this time. This collaborative approach aims to ensure businesses are prepared for the evolving regulatory landscape of AI in the EU.
In other news, Ukraine has registered its first work under a newly introduced sui generis right for AI-generated content, providing protection for non-original, computer-generated subject matter. The registered work, a book titled "Easter Cards", features a collection of AI-generated images. A children's book and a poetry book, both illustrated by AI, have also been granted protection.
The new copyright law, adopted in December 2022, specifically addresses content generated by AI without human authorship. It offers 25 years of protection from the 1 January following the date of the work's creation. The sui generis right does not protect the AI technology itself but protects the output. As with other IP rights, this right can be transferred or licensed, allowing owners to control how their AI-generated content is used. However, protection is only valid if all other works used in generating the content were lawfully sourced.
Ukraine's new copyright law has sparked some criticism for its ambiguity. One concern is the lack of clarity about who the rightsholder is. It could also be challenging to prove that all other works used in generating the content were lawfully sourced.
Despite these criticisms, this landmark registration places Ukraine at the forefront of legal responses to the rise of AI in creative industries, providing a legal framework to safeguard AI-generated works where traditional IP laws may no longer suffice. It will be interesting to see whether other jurisdictions follow Ukraine's lead.
AI application of the month
Everyone seems to have a podcast these days. As if that weren't enough, you can now generate your own!
With Google's NotebookLM, you can upload an article or some other text, or even a link to a Youtube video, and with a few clicks generate audio of a podcast-like discussion between two 'hosts'. With a recent update, you even have the power to guide the conversation towards particular parts of the content or specific topics. Now everyone really can have their own podcast!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
