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
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
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
1. Background: three years of legislative debate
Today, on July 12, 2024, EU Regulation No. 1689/2024 laying down harmonized rules on Artificial Intelligence (“Regulation” or “AI Act”) was finally published in the EU Official Journal and will enter into force on August 1, 2024. This milestone is the culmination of three years of legislative debate
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
Last week, in Vidal v. Elster, the Supreme Court upheld the Lanham Act’s prohibition against registering a trademark that includes a living person’s name without their consent.[1] This case is the latest in a trilogy of challenges to the constitutionality of trademark registration bars in the Lanham Act. The Court previously struck down
In a recent en banc decision concerning the standard for assessing obviousness challenges to design patents, the United States Court of Appeals for the Federal Circuit discarded its long-standing standard, known as the Rosen-Durling test and regarded by many as overly-rigid, and held that the standard for design patents should be the same as for
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
Yesterday, the Supreme Court denied certiorari in Hearst Newspapers, LLC v. Martinelli, declining to determine whether the “discovery rule” applies in Copyright Act infringement cases and under what circumstances. As a result, most circuits will continue to apply the rule to determine when an infringement claim accrues for purposes of applying the Copyright Act’s three-year
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
