AM Com NonLegOpinion · Stéphanie Yon-Courtin Draft opinion Paragraph 1 Draft opinion Amendment 1. Recalls the potential that AI has to deliver innovative services to businesses,

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EN United in diversity EN

European Parliament2019-2024

Committee on the Internal Market and Consumer Protection

2020/2015(INI)

7.5.2020

AMENDMENTS1 - 47Draft opinionAdam Bielan(PE648.600v01-00)

Intellectual property rights for the development of artificial intelligence technologies(2020/2015(INI))

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AM_Com_NonLegOpinion

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Amendment 1Jordi Cañas, Svenja Hahn

Draft opinionParagraph 1

Draft opinion Amendment

1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; underlines that the development and use of AI in the internal market will depend on a balanced and effective system of intellectual property rights (IPRs);

1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; stresses the key role that AI technologies can play in the digitisation of the economy in many sectors, such as industry, healthcare, construction and transport, leading to new business models; highlights that the Union must actively embrace developments in this area to advance the digital single market; underlines that the development and use of AI in the internal market will depend on a balanced and effective system of intellectual property rights (IPRs);

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Amendment 2Maria Grapini




1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; underlines that the development and use of AI in the internal market will depend on a reliable, balanced and effective system of intellectual property rights (IPRs);

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Amendment 3Svenja Hahn, Claudia Gamon, Karen Melchior, Dita Charanzová, Sandro Gozi, Stéphanie Yon-Courtin




1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; underlines that the development and use of AI in the internal market will benefit from a balanced and effective system of intellectual property rights (IPRs);

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Amendment 4Marco Campomenosi

Draft opinionParagraph 1 a (new)


1a. Recalls that any regulatory intervention on IPRs on AI should be combined with initiatives aimed at promoting access to quality data for European start-ups and SMEs, which currently face severe challenges when compared to global actors;

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Amendment 5Clara Aguilera, Maria Grapini, Marc Angel, Alex Agius Saliba, Adriana Maldonado López


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1a. Notes the importance of differentiating between AI applications or algorithms, AI-generated technology and products, databases and individual data, which require different forms of intellectual property rights;

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Amendment 6Anne-Sophie Pelletier



1a. Reiterates the importance of the open source model as this model provides for more consumer choice and can prevent lock-in by a single company;

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Amendment 7Ivan Štefanec



2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies should benefit from equally efficient and effective IPR protection;

2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products provided that a balanced coexistence of different actors in the Digital Single Market is ensured; considers that all companies should benefit from equally efficient and effective IPR protection which safeguards and encourages innovation and creativity; underlines the importance of AI

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technologies in enabling a more transparent, efficient and reliable management of IP-related aspects of transactions, notably through AI-enabled smart contracts which are capable to speed up IP-related transactions and minimise transaction costs; underlines the necessity to always know the owner of the data given the ever-increasing volumes of data used by AI, stresses out that AI should be subjected to human oversight and human workers should always make final decisions.

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Amendment 8Jordi Cañas




2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies should benefit from equally efficient and effective IPR protection for the development and application of AI technologies, in order to foster the emergence of European SMEs and result in a significant competitive advantage in the Union;

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Amendment 9David Cormandon behalf of the Verts/ALE Group


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2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considering that all companies should benefit from equally efficient and effective IPR protection; calls for an analysis of the current costs to benefit from protection and in the abusive practices from patent trolls and strategic IPR litigations;

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2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies, developers and creators should benefit from equally efficient and effective IPR protection;

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2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers

2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers

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that all companies should benefit from equally efficient and effective IPR protection;

that all companies, in particular SMEs, should benefit from equally efficient and effective IPR protection;

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Amendment 12Svenja Hahn, Karen Melchior, Claudia Gamon, Dita Charanzová, Sandro Gozi, Stéphanie Yon-Courtin, Jordi Cañas




2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies can benefit from equally efficient and effective IPR protection;

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Amendment 13Virginie Joron



2a. Points out that the pace of innovation is not necessarily comparable in all sectors; takes the view that measures to protect intellectual property rights have been excessively favourable to certain software providers (Word, Excel...); calls on the Commission and Member States to find legal solutions to ensure that consumers are not constantly and repeatedly being charged for the use of what has become a generic product or technical solution;

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Or. fr

Amendment 14Jean-Lin Lacapelle



2a. Points out that the pace of innovation is not necessarily comparable in all sectors; takes the view that measures to protect intellectual property rights have been excessively favourable to certain software providers (word, excel...); calls on the Commission and Member States to find legal solutions to ensure that consumers are not constantly and repeatedly being charged for the use of what has become a generic product or technical solution;

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2a. Calls the European Commission to ensure that data generated with public funds, when used in AI technologies also brings a public benefit in the form of compulsory open data results or conclusions of that AI processing.

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2a. Calls that any modification of the IPRs system to face AI challenges should not impact on micro enterprises and SMEs in terms of increased administrative and economic burdens;

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Draft opinionParagraph 2 b (new)


2b. Calls for the European Commission to propose measures for data traceability, having in mind both the legality of data acquisition and the protection of consumer and fundamental rights.

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Amendment 18Jordi Cañas



3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market

3. Stresses the importance of measures and information channels to help small and medium-sized enterprises

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Programme and Digital Innovation Hubs to protect their products;

and start-ups to effectively use IPR protection in AI technologies; calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to protect their products and thus enable them to fully develop their potential for growth and jobs in Europe;

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3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to protect their products;

3. Calls on the Commission and the Member States to offer support to start-ups, SMEs and micro businesses via the Single Market Programme and Digital Innovation Hubs to protect their products, ensuring their ideas do not get swallowed up by international players; considers that the structure of DHIs already in place should not change in order to avoid jeopardising their business continuity;

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3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to

3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to

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protect their products; protect their products; stresses the importance of coordination in IPR for the development of AI with other important global players in order to create a globally compatible approach to AI that would be beneficial for SMEs too.

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Amendment 21Clara Aguilera, Adriana Maldonado López, Marc Angel




3. Stresses that broad application of intellectual property rights protection can protect large market incumbents and calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to protect their products;

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3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to protect their products and services;

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Amendment 23Svenja Hahn, Claudia Gamon, Dita Charanzová, Sandro Gozi, Stéphanie Yon-Courtin




3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to develop and protect their products;

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Amendment 24Petra Kammerevert, Evelyne Gebhardt, Clara Aguilera



4. Stresses the importance of protecting IPRs, including trade secrets, in any regulatory framework for AI, in particular as regards any detailed requirements for the narrow set of applications deemed ‘high-risk’;

4. Stresses the importance of protecting IPRs, including trade secrets, in any regulatory framework for AI, in particular as regards any detailed requirements for the narrow set of applications deemed ‘high-risk’; stresses, however, that the protection of intellectual property and trade secrets must always be reconciled with other fundamental rights and freedoms, in particular the right to freedom of expression and freedom of the press; urges, therefore, that the necessary protection be given to whistleblowers and investigative journalists uncovering AI-related irregularities with significant social and macro-economic implications;

Or. de


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4. Stresses the importance of protecting IPRs in any regulatory framework for AI, in particular as regards any detailed requirements for the set of applications deemed ‘high-risk’, stresses that the protection of trade secrets should in no way hinder whistleblowers in addressing the potential dangers of high-risk applications;

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4. Stresses the importance of protecting IPRs, including trade secrets, in any regulatory framework for AI, in particular as regards any detailed requirements for the narrow set of applications deemed ‘high-risk’; underlines that trade secrets should never limit the ability of authorities to analyse algorithms and products, while transparency measures for consumers should always be foreseen.

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Draft opinion

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Paragraph 4



4. Stresses the importance of protecting IPRs, including trade secrets, in any regulatory framework for AI, in particular as regards any detailed requirements for the narrow set of applications deemed ‘high-risk’; stresses the importance of the proper interpretation of the EU General Data Protection Regulations provisions regarding profiling and automated decision-making;

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Amendment 28Svenja Hahn, Claudia Gamon, Dita Charanzová, Sandro Gozi, Stéphanie Yon-Courtin, Jordi Cañas



4a. Stresses that besides protecting IPRs, it is in the interest of consumers to have legal certainty about allowed uses of protected works, especially when it comes to complicated algorithmic products;

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Amendment 29Svenja Hahn, Karen Melchior, Claudia Gamon, Sandro Gozi, Stéphanie Yon-Courtin



4b. Believes that to ensure the development of human-centric, trusted

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AI, a strong harmonized regime for whistle-blowers is needed to make sure that algorithms and data sets do not carry biases, are non-discriminatory and adhere to the ethical standards proclaimed; therefore calls on the Commission to assess in its report to the Parliament pursuant to article 27 (3) of the Directive (EU) 2019/1937 the need to revise its Annex in order to include any regulatory EU framework for AI;

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5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures ineffective;

5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures ineffective; could serve as an example of a software where algorithms optimise the content to adjust for the learners goals and current state of knowledge;

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5. Believes that the challenge of 5. Believes that the challenge of

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assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures ineffective;

assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, requiring ex-post as well as ex ante disclosures and proper administrative capacity for the market surveillance authorities;

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5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input;

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Amendment 33Svenja Hahn, Claudia Gamon, Dita Charanzová, Jordi Cañas




5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures alone ineffective;

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Or. en




5a. Notes the debate surrounding questions of data ownership and exclusive access to data by platforms, considers that overly rigorous intellectual property rights protection of data can be harmful to consumers and markets, prevent the free flow of data and harm competitiveness of new enterprises;

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5b. Stresses the importance of end-user licence agreements (EULAs) in transferring rights to data and calls for future legislative proposals that impose proportional and clear obligations on EULAs to protect consumers, such as optionality of clauses not vital to the functioning of services;

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Amendment 36

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Svenja Hahn, Karen Melchior, Claudia Gamon, Dita Charanzová, Sandro Gozi, Stéphanie Yon-Courtin



6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim is not necessarily achieved only, or at all, through simple disclosure of the algorithm or code;

6. Considers that where AI applications are certified, they should demonstrate their adherence to ethical standards, their processes need to be transparent, and their decisions should be explainable to the extent possible, but notes that these objectives are not necessarily achieved solely through simple disclosure of the algorithm or code;

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6. Considers that where AI applications are certified, they should demonstrate ethical standards beyond legal obligations on data protection, transparency, non-discrimination and explainability; disclosure and understandable explanation of algorithm codes should be obligatory;

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6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim is not necessarily achieved only, or at all, through simple disclosure of the algorithm or code; calls, therefore, on the Commission to establish more stringent and effective criteria to be met by AI applications once certified;

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6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim is not necessarily achieved only, or at all, through simple disclosure of the algorithm or code; reminds that data sets are as important in this process and that discrimination and bias could be present independent of the mere code;

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6a. Calls on the Commission to foresee the disclosure of the code or algorithm in specific cases; considers that IPRs should not stand in the way of businesses when it comes to defects related to AI generated inventions, in order to avoid deterring investments;

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7. Calls on the Commission to consider how to assess products in a modular way or with the use of verification tools that would allow products to be adequately tested without creating risks for IPR holders due to extensive disclosure of easily replicated products.

7. Calls on the Commission to consider how to assess products at every step of their life stage and establish a comprehensive complaint mechanisms.

Or. en

Amendment 42Svenja Hahn, Claudia Gamon, Dita Charanzová, Sandro Gozi, Stéphanie Yon-Courtin



7. Calls on the Commission to consider how to assess products in a modular way or with the use of verification tools that would allow products to be adequately tested without

7. Calls on the Commission to consider how to assess products in ways that would allow them to be adequately tested without creating inappropriate risks of potential disclosure for IPR holders.

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creating risks for IPR holders due to extensive disclosure of easily replicated products.

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7a. Notes that intellectual property rights are a monopoly created in favour of a limited number of stakeholders in order to generate befits for the entire society and believes that the ongoing pandemic has shown that such monopolies should be always accompanied by the proper exceptions. Calls on the Commission to ensure that the future legislation will include additional IPR exceptions for emergency situations, in the interest of the public good.

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Amendment 44Brando Benifei, Clara Aguilera



7a. Points out to the fact that creations made by AI, if marketed, could generate distortions in the cultural and creative sector, affecting pricing and remuneration to the detriment of human creators;

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7a. Stresses the importance of introducing up-to-date tools allowing companies to secure their IPRs, for example placing digital locks on their products and services;

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7b. Calls on the Commission to continue analysing the legal framework and the technological developments, in order to determine if the current legal provisions properly cover the artificial intelligence technologies and respond appropriately.

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Draft opinionParagraph 7 c (new)

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7c. Calls for the establishment of an EU body tasked with monitoring and ensuring compliance with the legal provisions of artificial intelligence technologies implementations.

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Documents

AM Com NonLegOpinion · Stéphanie Yon-Courtin Draft opinion Paragraph 1 Draft opinion Amendment 1. Recalls the potential that AI has to deliver innovative services to businesses,