For the time being no European country is in a hurry to regulate AI.
Switzerland has not yet adopted a statute dealing specifically with artificial intelligence (AI). There is also no current legislative initiative for drafting such a statute. However, this does not mean that there are no activities related to AI. The Federal Council has already implemented certain measures to ensure an appropriate use of AI. For instance, on 25 November 2020, the Federal Council enacted guidelines for the use of AI in the federal departments and agencies. These guidelines emphasize principles such as transparency, accountability and fairness.
At the same time Switzerland is one of Europe’s main AI technology hubs. AI has become of strategic relevance for Swiss companies. Of the companies interviewed, 80 per cent said that they have a specific AI strategy. Switzerland has a strong tradition of research and innovation in AI.
France
In October 2023, the CNIL National Commission on Informatics and Liberty published a set of practical guidelines dedicated to the development phase of AI, in particular the constitution of data sets for AI training. The CNIL stresses that the development and use of AI systems, including generative AI, can be compatible with the protection of privacy and be aligned with European values. To facilitate the development of these AI tools and applications, the CNIL has proposed a set of practical guidelines to provide stakeholders with clear and practical advice on ensuring compliance with data protection laws.
Germany
The German Federal Patent Court announced that AI systems cannot be recognised as inventors, aligning with global patent office views. The underlying case concerned the neural network known as ‘Device for the Autonomous Bootstrapping of Unified Sentience’ (DABUS), an AI system created by famed American researcher and technologist Dr Stephen Thaler, which he claims is responsible for autonomous inventions. Over the past few years, various patent offices, including the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), had to take position on whether DABUS could be named as an inventor. The USPTO and the EPO both rejected the relevant patent applications, stating that they did not comply with the requirement that an inventor must be a natural person. Similarly, the patent offices of Australia, Israel, New Zealand and South Korea refused to accept Thaler’s applications.
UK
In 2023, the UK government reached a key milestone in its National AI Strategy with the publication in March of its pro-innovation, principles-based AI White Paper for consultation. In recent statements, the government has indicated that it is in no rush to legislate for AI, although it is coming under increasing pressure from several sides to do so (see Section III for further detail).
On 20 December 2023, the UK Supreme Court handed down its judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks, unanimously ruling that only a natural person can be named as an inventor on a patent application, upholding the decisions of the lower courts.
What we need before stepping up regulation is enhancing our knowledge about AI and fostering AI competences. A special terminology adequately reflecting the regulated processes and relationships should be also created. This goal can be achieved at various levels and the most immediate one is through more intense exchange of knowledge and diverse communication and discussion.
Link: https://digital-strategy.ec.europa.eu/en/policies/european-approach-artificial-intelligence