Leaders League; Dr. Philipp Mels, orka: "The biggest battle in the 21st century will be AI versus Copyright"
"Dr. Philipp Mels, Managing Partner at orka, comments on the use of AI in the context of intellectual property rights, trade secrets, and data protection.
LEADERS LEAGUE: In addition to the AI Act, which areas of law require particular attention when developing, operating, and using AI?
Philipp Mels: In addition to the AI Act, the most important areas of law regarding the use of AI are clearly intellectual property rights, trade secret protection, and data protection...
Why is the use of trade secrets in AI systems so legally risky?
In practice, the most relevant risk for companies is not so much the violation of third-party trade secrets, but rather the fact that employees may enter trade secrets into the AI system. This can be seen as evidence that the company, as the owner of the trade secret, has failed to take the necessary and appropriate measures to ensure confidentiality. As a result, the company loses the protection afforded to those trade secrets.
How significant is the conflict between AI providers and operators on the one hand, and creators or copyright holders on the other?
You may be surprised by my choice of words. The biggest battle that providers and operators of AI systems must fight in the 21st century is against copyright holders, who understandably want to take action against the infringement of their copyrights."
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