Mauritz Kop Fellow at Inter-CeBIL Harvard Cambridge Copenhagen

Harvard-Cambridge-Copenhagen, Sept 15, 2023 — Mauritz Kop has accepted a position as an Inter-CeBIL Fellow at the prestigious Novo Nordisk Foundation Copenhagen-Cambridge-Harvard Inter-CeBIL Programme for International Collaborative Bioscience Innovation & Law. In this role, Kop will focus his research on Advanced Medical Computing, Artificial Intelligence (AI) and Quantum Technologies within the life sciences ecosystem.

About the Inter-CeBIL Programme

The Inter-CeBIL Programme is a world-leading research hub dedicated to identifying and tackling the most significant legal and regulatory barriers to health and life science innovation. The initiative fosters robust knowledge networks to provide tailored legal and regulatory support to patients, researchers, businesses, and incubators, with the ultimate goal of ensuring that health and life science innovations can safely and effectively reach patients and markets.

This international collaboration brings together top-tier academic institutions to drive progress in healthcare and biotechnology. The program is a joint effort between the Centre for Advanced Studies in Bioscience Innovation Law (CeBIL) at the University of Copenhagen, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, and the University of Cambridge, among other key partners. The program is led by a distinguished team, including Professor Timo Minssen as the Founding Director of CeBIL at the University of Copenhagen, Professor I. Glenn Cohen who leads Harvard Law School’s contribution, and Professor Mateo Aboy who leads the Cambridge part.

Key Research Areas

The Inter-CeBIL Programme centers its research on three key "grand challenges":

1. Advanced Medical Computing: Focusing on Artificial Intelligence (AI) and Quantum Technologies (QT).

2. Pandemic Preparedness & Anti-Microbial Resistance (AMR).

3. Sustainable Innovation & Biosolutions: Encompassing eco-systems, drug R&D, drug regulation, and data infrastructures.

Focus on Key Area 1: Advanced Medical Computing, AI & Quantum Technology

This key research area addresses the increasingly critical role of advanced computing in the life sciences and medical sectors. Algorithms are becoming fundamental building blocks in a wide range of medical devices, digital health technologies (DHTs), and drug discovery tools (DDTs). The use of advanced computing, including AI/ML and quantum computing (QC), holds immense potential benefits for the life sciences, drug discovery, and medical sectors. These advancements also raise significant legal, ethical, governance, and regulatory issues that the program aims to address.

In his capacity as an Inter-CeBIL Fellow, Mauritz Kop will contribute his deep expertise in quantum-AI, its governance, and its legal-ethical implications to this key research area, helping to navigate the complex challenges and opportunities presented by these cutting-edge technologies.

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The Right to Process Data for Machine Learning Purposes in the EU

Harvard Law School, Harvard Journal of Law & Technology (JOLT) Volume 34, Digest Spring 2021

New interdisciplinary Stanford University AI & Law research article: “The Right to Process Data for Machine Learning Purposes in the EU”.

Download the article here: Kop_The Right to Process Data-Harvard

Data Act & European data-driven economy

Europe is now at a crucial juncture in deciding how to deploy data driven technologies in ways that encourage democracy, prosperity and the well-being of European citizens. The upcoming European Data Act provides a major window of opportunity to change the story. In this respect, it is key that the European Commission takes firm action, removes overbearing policy and regulatory obstacles, strenuously harmonizes relevant legislation and provides concrete incentives and mechanisms for access, sharing and re-use of data. The article argues that to ensure an efficiently functioning European data-driven economy, a new and as yet unused term must be introduced to the field of AI & law: the right to process data for machine learning purposes.

The state can implement new modalities of property

Data has become a primary resource that should not be enclosed or commodified per se, but used for the common good. Commons based production and data for social good initiatives should be stimulated by the state. We need not to think in terms of exclusive, private property on data, but in terms of rights and freedoms to use, (modalities of) access, process and share data. If necessary and desirable for the progress of society, the state can implement new forms of property. Against this background the article explores normative justifications for open innovation and shifts in the (intellectual) property paradigm, drawing inspiration from the works of canonical thinkers such as Locke, Marx, Kant and Hegel.

Ius utendi et fruendi for primary resource data

The article maintains that there should be exceptions to (de facto, economic or legal) ownership claims on data that provide user rights and freedom to operate in the setting of AI model training. It concludes that this exception is conceivable as a legal concept analogous to a quasi, imperfect usufruct in the form of a right to process data for machine learning purposes. A combination of usus and fructus (ius utendi et fruendi), not for land but for primary resource data. A right to process data that works within the context of AI and the Internet of Things (IoT), and that fits in the EU acquis communautaire. Such a right makes access, sharing and re-use of data possible, and helps to fulfil the European Strategy for Data’s desiderata.