Lohmanns Lankes & Partner » Focus Areas » IT & Data

AI

Innovative legal advice for the AI sector

Artificial intelligence (AI) creates new business areas, changes business relationships and unlocks a company’s untapped potential, also in view of the constantly growing shortage of personnel. For many companies, the use of AI-based tools, particularly in the area of product development (e.g. coding assistants) or project development, but also in other areas of the company such as sales, marketing or product management, offers considerable potential for reducing costs and increasing efficiency. The field of AI application is currently still “in flux”, so that a regular review of the legal framework to which both providers and users of AI are subject is essential, particularly with regard to regulation and case law. As a law firm with an affinity for technology, LLP Law|Patent is well versed in the legal issues surrounding AI. We support our clients in exploiting the potential of AI while complying with the relevant legal requirements.

Answers to the key legal questions surrounding the use of AI

If AI is used in products or services, clarification of liability issues is crucial. LLP Law|Patent supports its clients in identifying potential risks for the developer and distributor of AI-based products and implements preventive measures to protect them from liability claims. The integration of generative AI into business processes raises a variety of questions with regard to the protection of intellectual property. In the context of contract development, for example, the results produced by the AI should not be promised to the customer as an exclusive right of use. Conversely, existing intellectual property rights to third-party works may be infringed, particularly in the context of training proprietary AI solutions (training data) and through their outputs. We advise our clients on the development and implementation of strategies that protect intellectual property rights and do not infringe third-party protected content.

Legally compliant use of AI in the company

LLP Law|Patent advises companies on the legal dimension of AI integration in their day-to-day work: from the creation of employee guidelines for AI applications (AI policy) to the implementation of regulatory mapping. AI employee policies serve to give employees the full potential of a legally compliant use of AI for specific company purposes and at the same time effectively protect the company from the outflow of its business secrets into the cloud. We support companies in implementing AI and data compliance measures to ensure conformity with current and future legal requirements. Legal regulation, such as the EU AI Regulation (“AI Act”) or the AI Liability Directive, is still emerging and open to the future. Our consulting services therefore extend to the identification and exploration of regulatory requirements and effects (regulatory mapping) for AI products and services and their monitoring for continuous adaptation.

Contact
Sebastian Helmschrott - LLP Law|Patent
  • Employee guidelines for the use of AI applications (AI policy)

  • AI and copyright

  • Licensing issues relating to training data and open source language models

  • Identification and exploration of regulatory requirements (regulatory mapping)

Richard Metz - LLP Law|Patent
  • AI and data compliance