Legal Status of Robots and AI in Healthcare - Symposium Academy Het Dorp

The legal status of smart robots: legal personality, intellectual property and fundamental rights

On December 3, 2018 our office Artificial Intelligence & Law delivered the lecture 'The legal status of smart robots: legal personality, intellectual property and fundamental rights'. On the occasion of the Symposium on robotisation and eHealth in the pharmaceutical industry, organized by Academy Het Dorp and Proeftuin Robotica. The central theme of this seminar on modern healthcare regulation was: Can you hold a robot liable in case of damages?

Mauritz Kop LL.M.: The legal status of smart robots: legal personality, intellectual property and fundamental rights

The following questions were addressed: Should robots equipped with AI have a separate legal status? How do you - as a developer/supplier and consumer/user/patient get a grip on liability for autonomous machines and artificial intelligence algorithms? How do we safeguard ethical principles and fundamental human rights? Who owns intellectual property rights in smart robots and copyrights on computer and AI generated works? How should we deal with liability in robotics?

Four speakers were invited to the Symposium

Anoek Geers, R&D engineer Focal Meditech.

‘Robot technology within the development of innovative tools’

Ms. Geers told us about her own research and indicated that there is a lot of uncertainty within research centers, testing rooms and universities of technology, about what is and what is not allowed with smart medical devices in the field of legislation, responsibility, ownership and product liability. Tech startups experience the same legal uncertainty about IP and data sharing. Anoek Geers is a biomedical engineer and developed the innovative dynamic headrest for wheelchair users, which prevents pain and stiffness.

Mauritz Kop, Managing Partner Artificiële Intelligentie & Recht.
’The legal status of smart robots: legal personality, intellectual property and fundamental rights.’ A summary of the contribution of Mr. Kop can be found below.

Beat Kreuter, Global director service line consumer safety Dekra.
’Current and future regulatory environment for robots and other autonomous systems.’

Beat Kreuter gave an English lecture about product safety standards, certification and CE marking. He also discussed a number of European Directives, including the Machinery Directive. He told the crowd that the safety requirements imposed on robots are about the same as those for a microwave. Such as environmental requirements, mechanical safety, and regulations for hazardous substances. Mr. Kreuter indicated that the Internet of Things, with its interconnected autonomous machines, will pose major challenges to society in terms of legislation and regulations. He also focused on drones and cybersecurity.

Evert-Jeen van der Meer, Industry Director Automotive Aon Risk Solutions I Trade Manufacturing AON.
’Can you hold software from the 'self-driving' car liable?’

Evert-Jeen van der Meer painted a vision of the future in which all self-driving cars are connected to the grid, neatly queuing, and where we ourselves are no longer allowed to drive because that is far too dangerous. His company specializes in risk management and insurance. Mr. Van der Meer indicated in his keynote speech that a self-driving car such as a Tesla or a BMW is one of the most complex machines that exists in 2018. He advocates broad deployment of Event Data Registration (EDR), like a black box present in aircrafts. The future lies in driverless cars and his company anticipates these developments.

Legal Status of Robots and AI in Healthcare - Symposium Academy Het Dorp

Overview of subjects of the Artificial Intelligence & Law lecture

Mr. Mauritz Kop specializes in legal aspects of artificial intelligence, robotics, machine learning and machine reasoning applications in medical products as well as in the media, entertainment and art sector. With a strong focus on intellectual property, contract law, fundamental rights and ethics. During the lecture 'The legal status of smart robots' he discussed the following topics:

• AI & Robotics: Disruptive technologies

• Internet of Things (IoT): interconnectivity of smart online products and autonomous machines

• eHealth, Medical Devices and Personalized Medicine

• Online security: NIS Directive, eIDAS Regulation, Cybersecurity

• Safeguarding of Fundamental Rights in AI applications

• Trustworthy AI by Design

• Technological Singularity and Universal Human Rights

• Robot law: fundamental rights for robo sapiens?

• Intellectual Property on Smart Robots, such as copyright, patent and chip rights

• Neural networks, algorithms and big data

• IP on Computer Generated Works? Civil Law and Common Law approaches

• Do Robots have Legal Personality?

• Is a Smart Robot a Legal Entity?

• Ethical questions concerning 360-degree entry of smart robots, cyborgs, bionic humans and genetically modified upgrades in our society.

• Isaac Asimov’s 3 Universal Robot Laws, constitutional principles, French Revolution

• Artificial Intelligence Impact Assessment, ECP Platform for the Information Society, Code of Conduct for Artificial Intelligence, IEC 62 443 standard and Privacy Impact Assessment

• Liability for damages caused by smart robots and algorithms in healthcare

• Indemnification for medical devices

• European AI Alliance: AI Made In Europe

• European Commission’s Ethical and Legal Code for AI

• Legislation versus self-regulation, best practices and industry-specific governance codes of conduct

• Dutch AI Strategy, presentation during the Digital Netherlands Conference

Thanks to Academy het Dorp, Proeftuin Robotica and SIZA for this inspiring, pioneering symposium!