Knowledge Notes

Knowledge Collection | Artificial intelligence, digital commerce, and the impact of the National Security and Investment Act

Published on 14th Apr 2023

Welcome to this week's Knowledge Collection

Artificial intelligence, digital commerce, and the impact of the National Security and Investment Act

The UK government is significantly diverging from the EU in its approach to the regulation of artificial intelligence (AI). It has published a white paper, "A pro-innovation approach to AI regulation", proposing a "bottom up" approach devolved to existing regulators. No new laws are planned to regulate the technology. The consultation on the white paper closes on 21 June 2023.

Next month we host a webinar on mitigating intellectual property risks that exist when creating, training and using AI systems, as part of our IP Month. Over the next few weeks, our international IP team will be hosting a range of webinars for IP specialists and in-house lawyers with IP responsibilities. We will be giving insights and practical tips on a range of topical issues, starting with the Unified Patent Court and including the changing liability of online platforms for IP infringements in the EU and UK, deceptive online design known as dark patterns, and much more.

However, as well as scrutiny of the use of dark patterns, digital commerce is also facing broader regulatory change. Later this month, we will be hosting a webinar on the key regulatory priorities affecting online consumer platforms in the UK and EU, including the Online Safety Bill, the Digital Services Act and product safety law changes affecting online marketplaces.  

The National Security and Investment Act 2021 has been in force since January 2022. It requires mandatory notification to the Cabinet Office's Investment Security Unit (ISU) of potential transactions in specified sectors that may pose a significant risk to the UK's national security. Defence, energy, data infrastructure and AI are among the sectors in the UK with the most ISU notifications. Our Insight considers the impact of the Act on businesses.


The Law Commission consults in England and Wales on determining the law of an arbitration agreement

The Law Commission has opened a second consultation as part of its ongoing review of the Arbitration Act 1996. As part of this consultation, it has proposed to reform how the law of an arbitration agreement is determined: the law of the arbitration agreement would be the law of the seat of the arbitration unless the parties have expressly agreed otherwise in the arbitration agreement. The consultation is open until 22 May 2023.

Read more

UK sets out its new Science and Technology Framework

The new Department for Science, Innovation and Technology wants its recently released framework to act as a "strategic anchor" for government policy aiming to make the UK a science and technology superpower by 2030. Striking the right balance between pro-innovation policy and intellectual property rights will be crucial in paving the way for long-term economic success.

Read more

UK government moves to regulate promotion of cryptoassets

The UK government has published new legislation that will expand the scope of the financial promotions regime in the Financial Services and Markets Act 2000 to capture promotions relating to certain cryptoassets. The expansion of the financial promotions regime follows increasing scrutiny by UK authorities of the risks associated with cryptoassets and is intended to help consumers make informed decisions.

Read more

What does the UK's white paper on AI propose and will it work?

The UK's long-awaited white paper on AI, published on 29 March, has indicated that the government will issue a non-statutory definition of AI for regulatory purposes and a set of high-level overarching principles. The white paper proposes a completely different approach to that of the EU's AI Act, which is still in the legislative process.

Read more

How is the UK National Security and Investment Act shaping up in its second year?

The National Security and Investment Act 2021 created a new standalone regime for the government to intervene in a broad range of transactions on national security grounds. After more than a year, it is clear that its scope is wide-reaching: the application of the Act should be considered even for transactions that are not obvious candidates for national security scrutiny.

Read more


IP Month - 18 April - 11 May 

The Unified Patent Court | 18 April | 16:00-17:00

An exploration of the new opportunities for enforcing European patent rights arising from the dawn of the Unified Patent Court (UPC), strategic and practical considerations for enforcing patents in this new venue, and the importance of developing an enforcement strategy that maximises the potential benefits from both UPC and non-UPC actions.

Entering into IP-rich collaborations with universities and other public bodies - traps for the unwary | 20 April 2023 | 16:00-17:00

An international perspective on some specific issues that commercial clients should consider when collaborating with universities and other public bodies.

Cross-border IP infringement claims | 25 April |16:00-17:00

This session will demystify cross-border IP infringement litigation, particularly looking at the jurisdictional reach of the UK courts in handling foreign defendants, foreign IP rights, foreign acts and foreign loss.

Modernisation of design law? Recent trends and potential changes | 27 April 2023 | 16:00-17:00

Updates to the design law framework have long been discussed, but design law is now in flux in both the EU and UK. Legislative proposals have been presented by the European Commission in the EU and consultation activity has taken place in the UK. This webinar will consider recent case law trends in the EU and UK and delve deeper into the proposed changes and consultation, particularly noting the repair clause for spare parts in the EU and identifying potential areas of divergence in the UK post-Brexit.

The changing landscape for platform liability in the EU and its impact in the UK | 2 May 2023 | 16:00-17:00

This webinar will consider recent developments in the liability of online platforms for IP infringements in the EU, including the Digital Copyright Directive, the Digital Services Act and the CJEU's decision in Louboutin v Amazon. We will also consider the position in the UK.

Artificial intelligence – the IP risks | 4 May 2023 | 16:00-17:00

This session will consider the IP risks that exist when creating, training and using AI systems – and how those risks could be mitigated – including use of ChatGPT and other natural language processing systems to generate content.

Evidence in IPO proceedings – expert tips to manage evidence in trade mark registry disputes |  9 May 2023 | 16:00-17:00

This webinar will give you all the tools required to navigate the legal and procedural issues when preparing trade mark evidence in the UK Intellectual Property Office, EU Intellectual Property Office and the Polish Patent Office. Proof of use, late evidence, demonstrating reputation on the substantial part of the EU, and much more will be covered.

The deceptive side of design – dark patterns | 11 May 2023 | 16:00 BST

Today, dark patterns take various forms, making it is difficult to formulate regulations prohibiting their use. Many European countries have issued their own guidance on dark patterns or endorsed European guidance. This webinar will help you identify and avoid dark patterns, with discussion of recent enforcement actions in several jurisdictions.

More information

Immigration update

25 April | 09:30-10:30

This session examines the changes from 12 April and how they affect businesses and compliance. It also looks at immigration changes and developments and how these have influenced applications under specific routes.

More information

Media and entertainment webinar series 2023 | Digital commerce, platforms and social media

26 April | 10:00-11:00

Our international Digital Commerce, Platforms and Social Media team will discuss recent and upcoming platform regulation that will apply to digital services targeting consumers, including the UK Online Safety Bill, the EU Digital Services Act, regulatory scrutiny on "dark patterns", and product safety law changes affecting online marketplaces.

More information

Contract Law Update

16 May | 14:00-15:15

We welcome back Helen Swaffield of Contract Law Chambers for our annual contract law update training session. Helen is a barrister with over 25 years' experience. The session will focus on the key developments in contract law over the past 12 months and is intended for in-house lawyers.

More information

Interested in hearing more from Osborne Clarke?

* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

Connect with one of our experts

Interested in hearing more from Osborne Clarke?