Theory and practice of intellectual property
№ 3 / 2023

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

DOI: https://doi.org/10.33731/32023.282188

Submitted     2023-04-03
Accepted      2023-05-30
Published      2023-06-19

Draft Regulation of the European Union about artificial intelligence and related initiatives

Volodymyr Shevchuk
Ph.D. student of the Intellectual Property Scientific Research Institute of the National Academy of Legal Sciences of Ukraine
Ukraine
https://orcid.org/0009-0006-4214-889X

Abstract
The article generally examines the project of the European Law on Artificial Intelligence (hereinafter the European Law on Artificial Intelligence — EAIA, and artificial intelligence — AI), developed by the European Commission, which is part of the AI package presented by the European Commission, which additionally includes the European Commission’s message on promoting a European approach to AI; revision of the coordinated plan with AI (with EU member states); appropriate assessment of the impact of the project of the EAIA. Such an AI package defines the European approach to the regulation of AI in the European Union. An overview of the main amendments to such a project by the Council of Europe is also presented. The tools designed to facilitate the application of the future EAIA are also analyzed and briefly described. Thus, a review of the model law on artificial intelligence was carried out, which contains original provisions on the regulation of AI, and also suggests to interested persons to use the provisions of both the EAIA and other existing legal acts of other countries, the purpose of which is to make it easier for other countries to develop their own laws regarding artificial intelligence. The model of compliance of AI systems with such a law is important from the point of view of applying the provisions of the future EAIA. This aspect provides a general characterization of such a model, the main purpose of which is to serve as a management tool that ensures and demonstrates that the development and operation of an AI system is trustworthy i.e., compliant with legislation, ethically reasoned, and technically reliable, and therefore compliant with the EAIA. Since the market for the use of AI systems is already operational, it is important from the point of view of guarantees, legal compliance, and liability for the damage caused to develop appropriate standard contractual terms. Thus, this article examines the standard conditions of such contracts, which are already used in some European countries, namely in the city of Amsterdam (Netherlands), as well as trends in the development of a standard contract for the purchase of AI systems by state bodies.

Keywords: artificial intelligence system, artificial intelligence act, model law on artificial intelligence, agreement on the use of artificial intelligence systems, model of compliance of an artificial intelligence system

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