Archive: June 2024

Artificial intelligence (AI) raises many intellectual property (IP) issues. While there are many AI models and use cases, this guide addresses key IP issues raised by generative AI systems, meaning systems such as ChatGPT, Bard and DALl-E with algorithms that generate new content (which, depending on the system may be text, audio, images, video code or other content).

While AI can help resolve data issues in sustainable investing, it can create problems such as information breaches and inherent bias in data.

Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions. Earlier this year brought some thought-provoking developments on digital assets and related technologies from Spanish-speaking civil law jurisdictions. These include a ruling from a Barcelona court on the intersection of intellectual property rights with NFT and metaverse applications, and a new law in Mexico recognizing the use of online, smart-contract-based alternative dispute resolution systems.

In July 2023, the US Securities and Exchange Commission (SEC) finalized its rule requiring public companies to disclose material cybersecurity incidents under Item 1.05 of Form 8-K. Though materiality is not a new concept in SEC regulations, in the context of cybersecurity incidents, materiality assessments and disclosure practices are evolving areas with little practical precedent or guidance to draw upon. Fundamentally, an incident is considered material if “there is a substantial likelihood that a reasonable shareholder would consider it important” in making an investment decision.1 This includes assessing all relevant qualitative and quantitative factors, such as reputation, customer and vendor relationships, and competitiveness, in addition to financial and operational impacts, as well as potential litigation and regulatory actions.