ARTIFICIAL INTELLIGENCE:  HISTORIC RESOLUTIONS OF WIPO AND THE EUROPEAN UNION

The topic of artificial intelligence is very much on the agenda at the UN and the European Union. In March 2024, the UN General Assembly adopted a groundbreaking resolution promoting the development of “safe, secure and trustworthy” artificial intelligence (AI) systems.

The resolution sets a significant milestone as it is the first time the UN General Assembly has specifically addressed the regulation of AI. The text emphasizes the importance of protecting human rights throughout the AI ​​life cycle, from development to implementation and use. This includes ensuring that AI systems do not discriminate, are transparent and accountable, and respect privacy and freedom of expression.

The resolution calls on Member States to take concrete steps to implement the principles set out in the text. This includes developing national regulatory frameworks for AI, promoting responsible AI research and development, and creating mechanisms for international cooperation on AI.

The resolution also recognizes the need to address the digital divide to ensure that everyone has equal access to the benefits of AI. In this regard, Member States are called upon to work together to promote universal connectivity and close the digital divide between and within countries.

The adoption of this resolution by the UN represents a crucial step in the evolution of AI. By establishing guidelines for the ethical and safe development and use of AI, the resolution will help ensure that this revolutionary technology has a positive impact on society and the planet.

On the other hand, the European Directive on Artificial Intelligence, also known as the Proposal for a European Commission Regulation on AI, is a proposed legal framework to regulate the development and use of artificial intelligence in the European Union. The proposal was presented by the European Commission in April 2021 as part of its strategy to boost competitiveness and innovation in AI, while ensuring its security and respect for fundamental rights.

The proposed Directive sets out a number of standards and requirements for different types of AI systems, classifying them into high, limited and minimal risk levels. For AI systems considered high risk, such as those used in security, employment, education or public services, stricter requirements are established, such as the obligation to carry out impact assessments and comply with transparency and accountability standards.

It also includes provisions to protect people’s fundamental rights, such as banning mass surveillance and discrimination based on AI, as well as creating a governance system to oversee the implementation of the regulation and ensure cooperation between Member States.

It is important to note that the proposed AI Directive is still under negotiation and may be subject to modification before its final adoption. However, it represents a significant step towards creating a clear and coherent regulatory framework for artificial intelligence in the European Union. With more than 40 years of experience and the support of more than 500 satisfied clients, Fernández Lacort is here to offer you expert advice on any business or intellectual property related issue in the world.