Lawyers Cooperation News

LC member Glimstedt answers some of the most talked about questions regarding artificial intelligence and the law. You can read much more on the Glimstedt website.

1. Can artificial intelligence be named an inventor in a patent application filed in your jurisdiction?

   No. Since AI is not considered as a legal entity in Sweden, AI cannot be named as an inventor in a patent application.

2. Do images generated by and/or with artificial intelligence benefit from copyright protection in your jurisdiction? If so, who is the authorship attributed to?

   If an image has been generated completely by AI no one benefits from copyright protection according to the Swedish Intellectual Property Office. The right to use images generated by AI may however be regulated in the AI system’s terms of use.

   The fundamental principle of copyright in Sweden is that it can only be attributed to a human being. Copyright is based on the premise that the creator has contributed to the work through free and creative choices. Even though AI-generated images are produced based on human instructions, the outcome is unpredictable. Under current legislation, AI-generated images would in most cases not be eligible for copyright protection. For AI-generated material to be protected, the human creator must use the generative AI system as a tool or aid as part of a larger creative process. If it is possible to process AI-generated material to create a predictable result based on free and creative choices by the creator such material may be protected by copyright.

3. What are the main issues to consider when using artificial intelligence systems in the workplace?

   Key issues may differ from business to business. However, issues which generally should be considered are ensuring compliance with GDPR, such as ensuring that the processing of personal data is done on a legal basis, and ensuring the protection of confidential information in general. Additionally, AI systems may raise ethical issues regarding fairness and bias. Algorithms may inadvertently discriminate against certain groups if not properly designed or trained, which has been proven in for example the AI released by Microsoft Corporation as a Twitter bot in 2016. Ensuring fairness and transparency in AI decision-making is crucial.

   AI systems must also be accurate and reliable. Ensuring that AI models are properly trained, validated, and tested is critical to avoid errors that could potentially impact business operations or decision-making.