Agentic AI in trademark and unfair competition law
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Agentic artificial intelligence (“agentic AI”) refers to AI systems capable of autonomously planning and executing multi-step tasks with limited human intervention. The use of such systems raises legal questions across several fields.
This presentation focuses on selected issues in EU unfair competition law, including consumer contract law, and EU trade mark law that may arise where agentic AI is used by consumers or undertakings.
The presentation is part of an ongoing research project for an article planned for publication in a German intellectual property law journal. It will address some of the following questions:
- Is the traditional focus on the average human consumer in unfair competition law still appropriate, or are additional rules needed to address the deception or manipulation of agentic AI systems?
- Is consumer contract law adequately equipped to deal with consumers using agentic AI?
- How do the rules on misleading commercial practices, particularly those concerning online searches, apply to agentic AI?
- Can competitors prohibit the use of agentic AI?
- Can liability arise for false statements made by agentic AI?
How do the EU AI Act and the Digital Services Act address agentic AI?
About the speaker:
Professor Christian Heinze holds the Chair of Civil Law, Commercial Law, Digitalization and Private International Law and is Director of the Institute for Industrial Property and Copyright (IGRU) and the Institute for Digitalization (Civil Law Department) at the University of Cologne. Professor Heinze conducts research and publishes in all areas of civil law, especially in liability and damages law and property law, in European and international private and commercial law, in intellectual property law and on legal issues of digitalization, especially on legal issues of artificial intelligence, as well as on civil procedure law.
All our events are also hybrid, you can join the event here: IPDG event: Agentic AI in trademark and unfair competition law | Meeting-Join | Microsoft Teams
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