This chapter will map the ethical and legal challenges posed by artificial intelligence (AI) in health care and suggest directions for resolving them. Section 1 will briefly clarify what AI is and Section 2 will give an idea of the trends and strategies in the United States (U.S.) and Europe, thereby tailoring the discussion to the ethical and legal debate of AI-driven health care. This will be followed in Section 3 by a discussion of four primary ethical challenges, namely (1) informed consent to use, (2) safety and transparency, (3) algorithmic fairness and biases, and (4) data privacy. Section 4 will then analyze five legal challenges in the U.S. and Europe: (1) safety and effectiveness, (2) liability, (3) data protection and privacy, (4) cybersecurity, and (5) intellectual property law. Finally, Section 5 will summarize the major conclusions and especially emphasize the importance of building an AI-driven health care system that is successful and promotes trust and the motto “Health AIs for All of Us”.Keywords: Artificial Intelligence (AI), ethical challenges, U.S. and EU law, safety and effectiveness, data protection and privacy (Less)

Ethical and Legal Challenges of Artificial Intelligence-Driven Health Care

Despite the large number of academic contributions, there is no uniform definition of data marketplaces.However, different data marketplaces may vary from eachother in terms of their underlying business model, type ofdata offered, functionality, market mechanisms, etc.

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Data Marketplaces: Trends and Monetisation of Data Goods

https://opus.lib.uts.edu.au/bitstream/10453/147577/2/1-s2.0-S1474034620300707-main.pdf

Predictive model-based quality inspection using Machine Learning and Edge Cloud Computing

Data-driven markets depend on access to data as a resource for products and services. Since the quality of information that can be drawn from data increases with the available amount and quality of the data, businesses involved in the data economy have a great interest in accessing data from other market players. However, companies still appear to be reluctant to share their data. Therefore, the key question is how data sharing can be incentivized. This article focuses on data sharing platforms, which are emerging as new intermediaries and can play a vital role in the data economy, as they may increase willingness to share data. By comparing data sharing to the exchange of patents based on the FRAND principles, this article suggests a possible way for self-regulation to provide more transparency and fairness in the growing markets for data sharing.

https://link.springer.com/content/pdf/10.1007%2Fs40319-018-00777-7.pdf

The Data Sharing Economy: On the Emergence of New Intermediaries

Modernisierung der Missbrauchsaufsicht für marktmächtige Unternehmen

The present Q&A paper aims at providing an overview of artificial intelligence with a special focus on machine learning as a currently predominant subfield thereof. Machine learning-based applications have been discussed intensely in legal scholarship, including in the field of intellectual property law, while many technical aspects remain ambiguous and often cause confusion.

This text was drafted by the Research Group on the Regulation of the Digital Economy of the Max Planck Institute for Innovation and Competition in the pursuit of understanding the fundamental characteristics of artificial intelligence, and machine learning in particular, that could potentially have an impact on intellectual property law. As a background paper, it provides the technological basis for the Group’s ongoing research relating thereto. The current version summarises insights gained from background literature research, interviews with practitioners and a workshop conducted in June 2019 in which experts in the field of artificial intelligence participated.

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Technical aspects of artificial intelligence: An understanding from an intellectual property law perspective

This Position Statement responds to the Communication of 10 January 2017 by which the European Commission launched a public consultation on the future legal framework for data-driven markets that emerge in the course of the current digitization of industrial production and the advent of smart products in which sensors are embedded. In particular, the Position Statement comments the Commission’s ideas on a possible future data producer’s right as a means of promoting access to data. While the Max Plank Institute agrees that there are indeed instances where there is a need to “unlock data”, it rejects a data producer’s right. Rather, the Institute recommends considering more targeted data access rights that would specifically react to situations in which a manufacturer of smart products would otherwise try to reserve related markets for itself. The Max Planck Institute thereby takes inspiration from the data portability right that has already been implemented as part of the Basic Data Protection Regulation. Moreover, general principles on the design of data access regimes are developed. In sum, the Max Planck Institute favours a sector-specific approach to the introduction of a general data access right or a generally applicable data access regime. Sector-specific rules are especially needed for answering more concrete questions such as regarding the person entitled to claim access or the one of whether a data holder should be remunerated for granting access to data.

/pdf/position-statement-of-the-max-planck-institute-for-4x38cfg4ok.pdf

Position Statement of the Max Planck Institute for Innovation and Competition of 26 April 2017 on the European Commission's "Public consultation on Building the European Data Economy"

In this Statement, the authors take a position on the waiver of intellectual property (IP) protection currently being considered by the members of the World Trade Organisation. The waiver was initiated by India and South Africa as a measure to enable rapid access to affordable medical products that are necessary to combat Covid-19. The initiative gained momentum after the US decided to support it. The authors do not consider this path to be expedient. The Statement presents factual and legal arguments why a comprehensive waiver of IP protection is unlikely to be a necessary and suitable measure towards the pursued objective. Overall, it argues that IP rights may so far have played an enabling and facilitating rather than hindering role in overcoming Covid-19. The global community might not be better off if IP rights are waived, neither during nor after the pandemic. There are more efficient and direct ways to supply developing countries with vaccines quickly – if the industrialised countries are willing to do their share. 

The Statement can be supported by filling in the form: https://forms.gle/c4kc8m9JE44AwjoJ7.

Peter R. Slowinski

Papers

The Data Sharing Economy: On the Emergence of New Intermediaries

Technical aspects of artificial intelligence: An understanding from an intellectual property law perspective

Position Statement of the Max Planck Institute for Innovation and Competition of 26 April 2017 on the European Commission's "Public consultation on Building the European Data Economy"

Covid-19 and the Role of Intellectual Property: Position Statement of the Max Planck Institute for Innovation and Competition of 7 May 2021

Standardessentielle Patente – Perspektiven außerhalb des Kartellrechts