Jonathan Laidler

How can you embrace open source while protecting your IP? Tomorrow, Florence Rolland-Soulier and I will share strategies for balancing open source engagement with intellectual property protection. Our session will focus on: ✅ Benefits of open source ✅ Understanding the risks of copyleft code ✅ Managing the code supply chain ✅ Collaborating with legal teams to ensure compliance We'll share key learnings from past challenges. Join us as we explore these topics together thanks to the InnerSource Commons Foundation! 💡 P.S. This discussion also offers a useful analogy and practical use case for AI data governance, linking the 'chain of title' in open source with the 'chain of explainability' in AI systems. So this may be valuable for anyone involved in AI compliance.

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LinkedIn hive mind: Do you have any recommended law firm guides for the EU AI Act? I quite like Clifford Chance's guide (https://lnkd.in/eH8_aUre) and, while not specifically on the EU AI Act, the Vischer AI blog series. But any other recommendations? I am particularly looking for detailed assessments of the "high risk" uses cases and "filters" in Article 6. Thanks in advance.

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⏰The EU AI Act was published in the Official Journal of the European Union 2 weeks ago and this is what the time line for implementation looks like: Entry into force across all EU Member States - August 1, 2024. Enforcement of most provisions - August 2, 2026. Ban on prohibited risk AI systems ❌ - February 2, 2026. Obligations relating to general purpose AI systems - August 2, 2025 (NOTE: Additional two-year grace period 🙏🏼for AI systems already on the EU market at that time: compliance required by August 2, 2027). Obligations relating to high-risk systems - August 2, 2026 (NOTE: Additional 2 year grace period 🙏🏼 for AI systems which are part of a product subject to EU health and safety laws: compliance required by August 2, 2027). (ALSO NOTE: obligations relating to high-risk AI systems will NOT apply for most high-risk AI systems already on EU market or in service in EU before August 2, 2026 unless their design and scope has significantly changed since then). Non-compliance liability: Fines of up to €35 million or 7 percent of total worldwide annual turnover, whichever is higher 🤑😬.

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Many people take a dim view of the GDPR, arguing that its been relatively ineffectual in large part because of a perceived lack of enforcement. But what if it's really the case that many firms are self-enforcing, and actually doing the right thing to comply with the GDPR (like minimizing data processing)? Fascinating recent research from the National Bureau of Economic Research indicates that's the case: "in response to the GDPR, EU firms decreased data storage by 26% and data processing by 15% relative to comparable US firms, becoming less 'data-intensive.'” This echoes earlier papers suggesting that GDPR compliance costs are driving firms to rethink their approaches to data use. https://lnkd.in/dGBREUuS? #data #dataprotection #privacy #law #gdpr #dataprocessing #eu #europe #technology #digital #privacylaw

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Did you know that some #artificialintelligence principles, declarations and resolutions include #intellectualproperty (#IP)? Here's a few... 1) OECD - OCDE Principles for trustworthy AI - https://lnkd.in/eurQNVDV (released on May 3, 2024) - which refers to IP is referred to in the preamble and in section 1.5 (Accountability); 2) Government of Canada’s Responsible use of artificial intelligence (AI) - https://lnkd.in/eWYWPvXn - principles nos. 4 and 6 refer to IP; 3) United Nations resolution A/78/L.49 on the safe, secure and trustworthy artificial intelligence systems for sustainable development - see: https://lnkd.in/ehAbh3Ze, at paragraph 5(i). Others: The Bletchley Declaration - https://lnkd.in/eApJe_Xs The Montreal declaration for responsible development of artificial intelligence - https://lnkd.in/eSVwCJSH - crediting one of the godfathers of AI - our own Yoshua Bengio of Mila - Quebec Artificial Intelligence Institute - Catherine Rousseau-Saine. Google AI principles, available at: https://lnkd.in/et2xAmeQ. OpenAI Charter, available at: https://openai.com/charter. The topic of #AI is frequently discussed at the World Intellectual Property Organization – WIPO Conversation on IP and #frontier #technologies. See: https://lnkd.in/e2nwSiD. 💡 Add your AI guidelines and principles in the comments! AIoT Canada - Eric J. - Salvatore Cimmino - Walter Knitl Digital - Jen Mielguj - NGen Canada - Scale AI - Todd Bailey

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Online Advertising: CNIL Prepares for changes in Business Models Digital advertising is set to dominate French media financing, projected to account for 65% of the advertising market by 2030, according to a study commissioned by Arcom. This significant shift is driven by several major developments, including the deployment of the ATT (App Tracking Transparency) system in iOS, the planned end of third-party cookies in Chrome by early 2025, and the rise of “consent or pay” business models. 👉You can swipe right for detailed information about Online Advertising: CNIL Prepares for changes in Business Models. Contributors: Doğaner DOĞANAY and Gonca A. Kavlak UK

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💡 Does your medical device or IVD include AI? Read the post below for some interesting information.

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What makes description and drawing so important to support claim scope at the UPC?    In the second article in his series to help you make sure your European patents are fit for litigation at the UPC (and improve your chances of success), partner and UPC representative Matthew Howell explores the importance of description and drawing to support the claim scope.     Read the article 👉 https://lnkd.in/e7VCD8iM   #UPCLitigation #EuropeanPatent #UPC #ClaimScope #UPCInsider #UPCUnpacked 

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©️🤖 There are several potential resolutions to disputes over training AI models with copyright-protected content. Find out more in our new global trend report on the legal disputes & regulatory challenges of #GenAITraining & #copyright around the world: ▶️https://okt.to/lcCYjb #AI #GlobalTrends #globaltrendsreport #GenAI

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Is your digital product initiative losing momentum? A structured #ProductDiscovery journey can put it back on track. Learn how to identify roadblocks, realign with user needs and drive your project forward. Read our guide: https://lnkd.in/ddN729Pd #transcenda #productstrategy #userexperience #designthinking

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𝗦𝗲𝗰𝘂𝗿𝗲 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗦𝗶𝗴𝗻𝗮𝘁𝘂𝗿𝗲𝘀: 𝗣𝗿𝗼𝘁𝗲𝗰𝘁 𝗪𝗵𝗮𝘁 𝗠𝗮𝘁𝘁𝗲𝗿𝘀 𝗠𝗼𝘀𝘁 🛡️ 📝 𝘛𝘩𝘦 𝘥𝘦𝘮𝘢𝘯𝘥 𝘧𝘰𝘳 𝘦𝘭𝘦𝘤­𝘵𝘳𝘰𝘯­𝘪𝘤 𝘴𝘪𝘨­𝘯𝘢­𝘵𝘶𝘳𝘦 𝘴𝘰𝘭𝘶­𝘵𝘪𝘰𝘯𝘴 𝘩𝘢𝘴 𝘴𝘵𝘦𝘢𝘥­𝘪𝘭𝘺 𝘪𝘯­𝘤𝘳𝘦𝘢𝘴𝘦𝘥 𝘰𝘷𝘦𝘳 𝘵𝘩𝘦 𝘺𝘦𝘢𝘳𝘴, 𝘢 𝘵𝘳𝘦𝘯𝘥 𝘵𝘩𝘢𝘵'𝘴 𝘰𝘯𝘭𝘺 𝘢𝘤­𝘤𝘦𝘭­𝘦𝘳­𝘢𝘵𝘦𝘥 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘨𝘭𝘰𝘣𝘢𝘭 𝘴𝘩𝘪𝘧𝘵 𝘵𝘰­𝘸𝘢𝘳𝘥𝘴 𝘳𝘦𝘮𝘰𝘵𝘦 𝘸𝘰𝘳𝘬...𝘉𝘶𝘵 𝘶𝘯𝘧𝘰𝘳𝘵𝘶𝘯𝘢𝘵𝘦𝘭𝘺, 𝘯𝘰𝘵 𝘢𝘭𝘭 𝘦-𝘴𝘪𝘨𝘯𝘢𝘵𝘶𝘳𝘦 𝘱𝘭𝘢𝘵𝘧𝘰𝘳𝘮𝘴 𝘢𝘳𝘦 𝘤𝘳𝘦𝘢𝘵𝘦𝘥 𝘦𝘲𝘶𝘢𝘭... Key things to look out for: ✅ 𝗠𝗲𝗲𝘁𝘀 𝗨𝗞 𝗲𝗜𝗗𝗔𝗦 𝗦𝘁𝗮𝗻𝗱𝗮𝗿𝗱𝘀: To be legally binding, digital signatures in the UK must meet UK eIDAS standards, which offer the same legal standing as handwritten signatures. ✅ 𝗗𝗮𝘁𝗮 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻: Di­git­al sig­na­tures are often used to sign doc­u­ments that con­tain sens­it­ive in­form­a­tion. A secure ser­vice en­sures that this data is pro­tec­ted from un­au­thor­ised access, pre­vent­ing iden­tity theft, fraud, and data breaches. ✅ 𝗜𝗻­𝘁𝗲𝗴­𝗿𝗶𝘁𝘆 𝗼𝗳 𝗗𝗼𝗰­𝘂­𝗺𝗲𝗻𝘁𝘀: Se­cur­ity fea­tures that prevent unauthorised alterations after signing. This is a crucial element of legally binding digital signatures. ✅ 𝗖𝗹𝗲𝗮𝗿 𝗔𝘂𝗱𝗶𝘁 𝗧𝗿𝗮𝗶𝗹: Provides proof of who signed and when, which can be important for legal purposes. 𝗪𝗼𝗻𝗱𝗲𝗿𝗶𝗻𝗴 𝘄𝗵𝗲𝗿𝗲 𝘁𝗼 𝘀𝘁𝗮𝗿𝘁? 𝗔𝗮𝘁𝗼𝘀 𝗦𝗶𝗴𝗻 𝗼𝗳𝗳𝗲𝗿𝘀 𝗮 𝗳𝗿𝗲𝗲 𝘁𝗿𝘆-𝗼𝘂𝘁! 𝗝𝗼𝗶𝗻 𝗼𝘃𝗲𝗿 𝟭𝟯𝟬,𝟬𝟬𝟬+ 𝗵𝗮𝗽𝗽𝘆 𝘀𝗶𝗴𝗻𝗲𝗿𝘀 𝘄𝗵𝗼'𝘃𝗲 𝗳𝗼𝘂𝗻𝗱 𝘁𝗵𝗲𝗶𝗿 𝘀𝗲𝗰𝘂𝗿𝗲 𝘀𝗶𝗴𝗻𝗮𝘁𝘂𝗿𝗲 𝘀𝗼𝗹𝘂𝘁𝗶𝗼𝗻. ➡️ https://lnkd.in/eHRQsXfY Don't let your signature be your weak link❗ #DigitalSignatures #Aatos

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A German court holds that Meta’s "Pay or Okay" privacy model is compliant since it provided an equivalent alternative The court considered the CJEU's Bundeskartellamt case, according to which a data controller's dominant position in the online social networking market does not per se preclude users from effectively consenting to its processing of their personal data. According to the CJEU, the user's freedom is safeguarded if an equivalent alternative is offered at a reasonable price, which does not involve such data processing operations. Therefore, the Regensburg Regional Court found that this freedom was guaranteed by the owner with the introduction of the "Pay or Okay" model. The data subject decided to reject the paid subscription without advertising and consented to receive personalized advertising. How can this contrast between the strict position of data protection authority and the courts' analysis based on the merits of the cases be handled? How can companies manage and justify the cost of litigation to shareholders? What are your thoughts on that? #payorokay #meta #dataprotection #dataprivacy #privacycompliance

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Good for NPEs and litigation funders: UPC Munich LD denies requests to order U.S.-based licensing firm to provide security for litigation costs Non-EU patent holders can now afford more enforcement actions with the same amount of funding. The Munich Local Division (Presiding Judge Dr. Matthias Zigann, Judge-rapporteur Tobias Pichlmaier, Judge Pierluigi Perrotti (Milan)) wants to see evidence of a patent holder not being able to reimburse a defendant's litigation costs if the complaint is rejected. There has to be a clear and present danger of bankruptcy, for instance. It's not enough that a company is small and based outside the EU. The Munich LD does not want to discriminate, and does not want to unfairly restrict access to justice. The court granted leave and Volkswagen Group, AUDI AG and Texas Instruments have indeed appealed. The plaintiff is asserting former Arteris patents acquired from Philips, and is represented by Simmons & Simmons's Dr Thomas Gniadek. For VW/Audi: BARDEHLE PAGENBERG's Dr. Jan Bösing. For TI: HOYNG ROKH MONEGIER's Klaus Haft. https://lnkd.in/dqtpnwkG

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How to use generative AI in your daily work as a legal professional - come to the CMS Germany Legal Innovation Network event on June 18 in Berlin and learn more. 🙋‍♂️ 🙋‍♀️ Our CEO Leif-Nissen Lundbæk, PhD will talk about Europe’s first sovereign #legal #AI #Noxtua and attendees can sharpen their skills in the following workshops. 🌍 💡 https://lnkd.in/djvHbQSc

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How can you get your European patents fit for UPC litigation?    In our latest edition of #UPCUnpacked, UPC representative Matthew Howell breaks down this question into three key areas. In this short clip, watch him explaining his first point: ways to mitigate the risk of a successful invalidity attack.    Interested in his other advice for getting your EPs fit for UPC proceedings? Watch the full video in Issue 3 of UPC Unpacked here: https://lnkd.in/eWwtNytX   #UPC #UnifiedPatentCourt #UPCLitigation #EuropeanPatents 

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#DidYouKnow? ORCID users can quickly identify and add their works to their #ORCIDiD through the OpenAIRE EXPLORE discovery service. This integration between OpenAIRE and ORCID is a crucial step in interlinking services within the European Open Science Cloud (EOSC) and the global #OpenScience ecosystem. Learn how with our guide: https://lnkd.in/dHr4DiCi

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Today, the Intellectual Property Office UK has launched a report on Exploring approaches to forecasting IP demand. This report identifies forecasting methods used by IP offices and other organisations. Read the report (link): https://lnkd.in/eQBV3GF3 Alt text: The IPO has launched a report on Exploring approaches to forecasting IP demand

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🤖 Our Partner Holger Lutz spoke with Bloomberg Law about the recent decision from the Court of Justice of the European Union and guidance from the European Data Protection Board. This decision provides an opportunity for #AI companies to train their models with Europeans’ personal data without seeking consent from each individual. 🗨 "It’s overall good news—it hasn’t made it more difficult for companies. But it’s also not really becoming easier,” said Holger. "The entity training the large language model must weigh its interests against the data subjects’ interests. For instance, AI providers could argue that attempting to completely anonymize all the data used to train a model would be onerous." ➡ Read more: https://okt.to/RxGp93 #DataProtection #ArtificialInteligence

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At #IPSW, Michael Felbinger from IPnovation GmbH shared a candid perspective on AI’s transformative potential and its critical limitations. While AI offers powerful tools for IP tasks like patent searches, it also poses risks—especially with open-source platforms that lack confidentiality safeguards. Michael’s examples highlighted how unsecured platforms can expose sensitive data, emphasizing the need for secure, reliable solutions, especially when handling confidential informations. His insights were a valuable reminder: AI’s benefits are immense, but careful implementation is key to mitigating risks. What’s your take on balancing AI’s promise with its challenges within the IP space?

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