The EU AI Act – 3 : High-Risk AI Systems

Although GPAIs models have understandably drawn significant recent attention, including in the final rounds of negotiations having led to the adoption of the EU AI Act, as detailed in our second paper of this series, high risk systems lie at the core of the EU AI Act. The placing on the market, putting into service, […]

The EU AI Act – Subject matter and scope

The EU AI Act, Droit AI Lausanne Suisse

This is the first of our series papers related to the EU AI Act. On February 4th, 2024, EU countries gave crucial final nod to the first-of-a-kind Artificial Intelligence Law as Luca Bertuzzi put it. As stated by Luca Bertuzzi, “The European Parliament’s Internal Market and Civil Liberties Committees will adopt the AI rulebook on […]

Artificial intelligence (AI) and copyright: an overview of recent cases

Since 2023, AI has been monopolizing discussions and monopolizing the spoken word, sweeping everything in its path like a tidal wave. While the questions are multiplying, the answers are few and far between. The development and use of these tools has become a priority for companies, who rightly see it as a turning point that […]

Artificial intelligence regulations: an overview

2023 will have been the year in which the general public became aware of the potential of artificial intelligence (AI) systems, particularly since the launch of ChatGPT. Faced with the challenges posed by AI, regulatory efforts are taking shape, starting with the proposed European Regulation on AI, whose final trialogue session will be held on […]

Generative AI and copyright: quo vadis?

Generative AIs are all around. The questions surrounding them are numerous. We will limit ourselves here to summarize the issues raised in terms of copyright and the possible answers (some even fairly likely) in the light of current law and the broader questions that these tools raise in this area. I.          Assessment under current […]

U.S. Supreme Court rules against Andy Warhol?

Such seems to be the view of Justice Kagan in her dissenting opinion of the long-awaited ruling handed down by the Supreme Court on May 18, 2023 in Andy Warhol Foundation for the Visual Arts (AWF) v. Goldsmith et al. The facts behind this case are as follows: I.          The facts 1981. Lynn Goldsmith […]

Can a product protected by a design be invisible?

Rulings on design matters are rare enough to warrant attention. The Court of Justice of the European Union has recently had two opportunities to address design protection in the European Union: on February 16, 2023 in the C-472/21 ruling, and on March 2, 2023 in the C-684/21 ruling. I will focus here on the first […]

Trademark law and NFT: what should we think of Hermès v. Rotschild?

On January 14, 2022, Hermès International and Hermès of Paris, Inc. filed a trademark and unfair competition lawsuit against Mason Rotschild in the Southern District Court of New York (SDNY). One year later (already!), on February 8, 2023, a 9-member People’s Jury appointed by the SDNY dismissed the case. In essence, the facts were as […]

A butterfly like no other gives wings to the Supreme Court

On September 8, 2022, the Supreme Court ruled in case 4A_158/2022 on the possibility of registering the word mark “Butterfly” in relation to bags, suitcases and other briefcases (class 18), clothing and shoes (class 25) and toys (class 28). I. The descriptive nature of the mark It should be remembered that under the terms of […]