Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

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During 2023, the UK will continue to position itself as a leader in the AI sector—by emphasizing support for the AI industry rather than pushing forward a legislative agenda.

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AI Trends for 2023 - UK Targets Innovation Not Regulation for AI Sector | MoFo Tech

Alistair Maughan

During 2023, the UK will continue to position itself as a leader in the AI sector—by emphasizing support for the AI industry rather than pushing forward a legislative agenda.In 2022, the UK government published an AI Regulation Policy Paper and AI Action Plan confirming that it intends to diverge from the EU’s regulatory regime. And the UK also made proposals on one key aspect of AI: the treatment of intellectual property rights. In both cases, the UK appears to be taking an approach that favors innovation over regulation.In 2023, the UK is likely to introduce a new copyright and database right exception that will permit text and data mining (TDM) for any purpose. IP rights-holders will not be able to opt-out of the right but will still have safeguards to protect their content, primarily a requirement that content subject to TDM must be lawfully accessed. So rights-holders will be able to choose the platforms where they make their works available, including charging for access. They will also be able to take appropriate steps to ensure the integrity and security of their systems.It’s intended that the exception will speed up the TDM process, which is often a precursor to the development of AI, and will help to make the UK more competitive as a location for AI developers. Previously, the TDM exception only applied to non-commercial purposes.On the other hand, the UK government axed other AI-related proposals. The UK has no plans to change the law regarding IP in computer-generated works. This means that works which do not have a human author will retain their copyright protection, a unique position in Europe. The government will keep the law under review and could amend, replace, or remove protection in future if the evidence supports it.There will also be no change to UK patent law protection for AI-devised inventions. In response to a UK government consultation, most respondents agreed that changes to the law on inventorship should be harmonized internationally and not implemented piecemeal. The counterview is that the patentability rules ought to change to take account of the increasing contribution of AI in the R&D process and that, when AI technology reaches a stage where it can genuinely “invent,” any inventions devised by AI should be patentable.Although there will be no imminent policy change in the UK, during 2023 the UK Supreme Court is likely to consider a test case on the issue of patentability of AI-derived inventions.This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

AI Trends for 2023 - UK Targets Innovation Not Regulation for AI Sector

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