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Draft Act on Artificial Intelligence in Poland – Analysis and Key Assumptions

Publication date: December 09, 2024

The government’s draft law on artificial intelligence systems “serves to apply Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on the establishment of harmonised rules on artificial intelligence [1]“, also known as the AI Act . This document defines the principles of supervision of the market of artificial intelligence systems and the AI model and covers the organisation of supervision, the conditions for accreditation of conformity assessment bodies, incident reporting and the imposition of administrative penalties for the use of prohibited practices under Article 5 of the European Regulation on artificial intelligence. Moreover, this draft is to be applied, among others, to persons located in the EU affected by AI, importers and distributors of AI systems, entities using AI systems that are established or located in the Union, and suppliers introducing AI systems to the market or putting them into service [2]. Additionally, the act provides for the creation of the Office of the Commission for the Development and Security of Artificial Intelligence, which is a state legal person [3].

What is the Artificial Intelligence Development and Security Commission?

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Technologies of the Fourth Industrial Revolution and Polish Patent Law

Publication date: December 02, 2024

1. Introduction

German economist Klaus Schwab described the present as the era of the fourth industrial revolution during the World Economic Forum in Davos in 2016. This concept dates back to the research conducted by the working group led by Siegfried Dais , the report of which was presented to the government of the Federal Republic of Germany in 2013. It was in this report that the concept of “Industry 4.0” (German: Industrie 4.0) was first created.

Industry 4.0 is supposedly the effect of the fourth industrial revolution, the pillars of which are the automation and computerization of industry and the implementation of modern production methods. All this is to lead to the creation of cyber-physical production systems – and therefore systems that function both in the real world (through the work and devices of industrial machines) and the virtual world (through the control of production processes by IT systems, including AI and the coordination of devices and machines in the Internet of Things or in the computing cloud). Importantly, Industry 4.0 is not only an industry of modern technologies in the sense that it produces advanced products – it is an industry that uses modern technologies in the entire production process, regardless of whether it produces technologically advanced products such as smartphones or relatively simple to produce items such as hand tools.

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REGULATIONS ON THE USE OF ARTIFICIAL INTELLIGENCE IN DRUG PRODUCTION IN THE UNITED STATES AND THE EUROPEAN UNION – Practical comments on current and expected legal acts, including AI Act and AI Liability Directive

Publication date: November 29, 2024

The importance of artificial intelligence in creating new drugs

Artificial intelligence is increasingly used in research on the search for new drugs. Pharmaceutical companies are investing in AI programs that will allow for the production and introduction of new drugs to the market more efficiently. Studies show that the market for artificial intelligence in the process of discovering new drugs will increase fivefold in 5 years [1]. The efficiency of this technology should also be addressed. Boston Consulting Group has prepared a report on the issue of the number of active molecules discovered by AI [2]. The authors of the review confirmed that thanks to artificial intelligence, a doubling of the overall productivity of pharmaceutical research and development can be expected. It should be remembered, however, that the molecules discovered by AI are still in the testing phase, but the results are satisfactory so far. Due to the growing popularity of using AI in this way, legislators must regulate these issues in generally applicable laws. Lawmakers in the United States and the European Union are introducing new regulations regarding the regulation of AI systems. This may have a significant impact on the production of medical devices and their admission to trade.

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IP Box in Poland: opportunities, controversies and planned changes in tax regulations

Publication date: November 28, 2024

Introduction

The IP Box (Innovation Box) relief is one of the tools introduced to the Polish tax system to support research, development and innovation activities. Since 2019, Polish entrepreneurs, including individuals conducting business activities, can benefit from a preferential tax rate of 5% for income obtained from qualified intellectual property rights. This solution is of particular importance for the dynamically developing IT industry, in which the work of programmers often generates qualified income, for example from copyrights to software.

However, the IP Box relief raises many interpretation controversies, especially in relation to the definition of qualified intellectual property rights and documentation obligations. In practice, taxpayers often encounter difficulties in separating income covered by the relief and meeting the requirements for maintaining detailed records. An additional challenge is the application of the relief in the context of international cooperation, especially in the case of Polish programmers implementing contracts with foreign companies.

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Adequate countries and the processing of sensitive data

Publication date: November 13, 2024

The European Union, issuing Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU. L. of 2016, No. 119, p. 1, as amended), commonly known as the GDPR Regulation, had to face the threats resulting from the effects of globalism. It could not limit the processing of personal data only to the borders of Europe, where the GDPR guaranteed strong protection. It had to create a system that could also provide this protection in third countries outside the old continent.

It did so in Chapter V of the regulation, where a number of solutions were found to facilitate the processing of data in third countries and, on the other hand, ensure a high level of protection. The essence of this solution is the institution of “adequate countries”, i.e. those in which the European Commission has found an adequate level of personal data protection. However, the regulation also contains other solutions for situations when we will not be dealing with an adequate country.

European Data Protection Board

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