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At FII PRIORITY in Miami, Florida, I had the pleasure of speaking about the emerging legal risks posed by AI. This rapidly evolving landscape presents numerous challenges, with unresolved issues impacting AI innovation and protection. 

One of the primary concerns is protecting AI investments from an IP perspective. Many AI innovations may not be patentable. Algorithms, mathematical techniques, and data sets—fundamental components of AI—are not eligible for patent protection. This has led innovators to increasingly rely on trade secrets. 

Furthermore, the emergence of AI-generated inventions adds another layer of complexity. Despite AI’s role in driving innovation, the legal framework remains to be determined, with many jurisdictions, except South Africa, refusing to recognize AI as an inventor eligible for patent protection.

Data privacy is also a significant concern, particularly regarding the practice of data scraping for AI training. Legal battles between web hosts and scrapers continue while individuals increasingly assert their privacy rights, challenging the unauthorized use of their data.

Beyond IP, there are issues with product liability, as demonstrated by a case involving an autonomous vehicle. Traditional liability frameworks struggle to address AI-related incidents, making regulatory intervention necessary.

Legal frameworks must adapt to technological innovation. As we navigate this changing landscape, stakeholders must reconcile new AI concepts with existing legal principles. You can watch my full talk here.

Written by:

John B. Quinn