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How does the EU AI Act define AI systems? Are all AI systems subject to the EU AI Act? The EU AI Act uses the Organisation for Economic Co‑operation and Development (OECD)’s description of an AI system. It covers machine‑based systems designed to operate with varying levels of autonomy, which may exhibit adaptiveness after deployment, and which, to meet explicit or implicit aims and purposes, infer from the input they receive how to generate outputs—predictions, content, recommendations, or decisions—that can influence physical or virtual environments. The term ‘artificial intelligence (AI) system’ does not extend to AI models, including so‑called general‑purpose AI (GPAI) models. In other words, AI models fall outside this definition. ...
Key elements of the AI system definition Given the wide variety of AI systems, the guidance cannot offer a complete list. Each system must be evaluated on its own particular characteristics. The EU AI Act adopts a lifecycle-oriented approach and characterises an AI system as: a machine-based system designed to operate with differing degrees of autonomy that may show adaptability after deployment and, for explicit or implicit aims infers from the inputs it receives how to generate outputs such as predictions, content, recommendations, or decisions that can affect physical or virtual environments This seven-part definition spans two main stages: pre-deployment (building phase) and post-deployment (use phase). The seven elements need not be present throughout both stages; some may appear only at one point. The following offers a brief summary of each of the seven points listed above: Machine-based system AI systems are machine-based, meaning they are created with and executed on machines, and rely on...
In this issue: New technologies Internet Reputation management Media Telecommunications Advertising, marketing and sponsorship LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies AI systems cannot be inventors under the UK Patents Act (Thaler v Comptroller-General). The appeal to the Supreme Court involved two UK patent applications submitted by the appellant, Dr Thaler. In those filings, he named an artificial intelligence (AI) system he owned, called DABUS, as the inventor. The court was required to decide three central questions: (i) whether the term ‘inventor’ in the Patents Act 1977 (PA 1977) encompasses AI systems; (ii) whether the owner of an AI system would own any invention created by it; and (iii) whether the Hearing Officer for the Comptroller was entitled to treat the two applications as having been withdrawn. The Supreme Court dismissed the appeal, holding that DABUS is...
Introduction This Practice Note reviews the current Irish intellectual property framework governing artificial intelligence (AI) and machine learning in Ireland. It summarises the principal strands of IP law relevant to AI systems and models and, in particular, explores questions around IP rights in: AI inputs (eg training data) the AI system itself AI outputs What is artificial intelligence? There is no single, settled definition of AI. In general terms, it refers to the imitation of human intelligence by machines, usually computer systems. Regulation (EU) 2024/1689, the EU AI Act, defines an AI system as: ‘… a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.’ For explanations of common terminology, see Practice Note: Ireland—Artificial intelligence—glossary of terms for legal...