Artificial Intelligence

Intellectual Property

We advise clients on how to manage IP risks arising from the development and use of AI models and how to ensure that IP generated with the assistance of AI technology remains protected and valuable. We understand the AI specifics of each industry and can address your unique needs - from AI generated advertising campaigns and software development to AI driven research and development in life sciences. Whether it’s managing litigation risk or generating new revenue streams through data licencing to AI developers, we are working with clients at the cutting edge of IP and AI.

Data law

Data is essential to AI systems, both for training and as inputs for inference. Where personal data is involved, our market leading data protection group works with developers and deployers of AI systems to apply data protection and privacy principles. The wider field of emerging data regulation, from the EU’s Data Act to diverging data localisation laws, as well as contractual, competition and IP aspects of handling data, also have significant implications for the use of data in connection with AI systems.

Regulatory change

AI development and deployment are subject to significant emerging regulation across many jurisdictions. Our extensive European, Middle East and Asia Pacific footprint, as well as our regulatory and public affairs team, make us particularly well-placed to clients stay on top of key regulatory changes.

The EU AI Act takes a risk-based approach, prohibits certain systems and imposes regulatory requirements on others. These requirements are comprehensive for high-risk systems and violations can lead to substantial fines or regulatory actions. While full implementation of the Act will take a few years, we already have significant experience advising clients on developing their compliance programs and using contractual frameworks to manage regulatory risk. Beyond Europe, we have experience helping clients navigate the emerging AI regulatory frameworks across the Middle East and Asia Pacific, including in China where our AI experts have guided clients through measures on Recommendation Algorithms, Deep Synthesis (deepfakes) and Generative AI and interactions with the relevant regulatory bodies.

The interaction between AI-specific laws, other general laws (such as privacy and competition) together with sector-specific regulation can be particularly complex. From laws aimed at the protection of minors and the prevention of online harms, and those applying in highly regulated industries such as life sciences and financial services, to the controls governing key markets such as energy trading, Bird & Bird provides a powerful blend of deep AI expertise combined with sector-specific knowledge to help clients make sense of complex overlapping areas of law.

Tech transactions and contracting for AI

As our clients turn to systems, products and solutions which integrate AI, they are increasingly calling on our specialist AI commercial lawyers to help them craft new and innovative contracting frameworks covering everything from sophisticated outsourcings, technology migrations or the transformation of supply chains, to the development of product- and service-specific end-user terms and conditions. We understand the emerging market practice for managing complex AI-related liabilities, regulatory risks, and data licensing issues and use this expertise to benefit our clients when contracting for AI technology.

We are also experts in corporate transactions involving AI technology. We have the bench strength of AI experts in data, IP and regulatory issues across all of our offices to support high value investments, acquisitions and restructurings which involve AI technology. 

Human resources

AI's integration into employment and HR practices has potentially far-reaching implications, from recruitment and performance management to workforce planning. For example, the EU's AI Act designates AI systems in employment and workforce management as high-risk, requiring careful decision-making and compliance programmes. The growth of AI technologies in the workplace also creates governance, training and employee consultation issues. Our International HR Services group are thought leaders in managing this transition.

Why B&B?

We respond proactively to the continuous business transformations driven by new technologies in all key sectors of the economy, including automotive, aviation & defence, energy & utilities, financial services, life sciences & healthcare, retail & consumer, media, entertainment & sport and tech & comms.

A snapshot of our recent experience

• We are defending an AI developer in the UK against a first of its kind copyright claim relating to AI image generation.
• We advised a world leading consumer goods producer on AI compliance issues for marketing campaigns.
• We have helped leading SaaS providers craft contractual terms for deploying new generative AI driven services.
• We advised an e-commerce company on their generative AI policy and helped them draft external disclosures on the use of AI in their system.
• We advised a leading provider of a text-to-image generator on IP and regulatory issues regarding the use of their tool in the EU.
• We advised an AI driven cybersecurity company on multiple financing rounds, including its latest Series E round of USD 50m at a valuation of USD 1.65 billion.