ODREĐIVANjE MERODAVNOG PRAVA ZA VANUGOVORNU ODGOVORNOST ZA UPOTREBU SISTEMA VEŠTAČKE INTELIGENCIJE – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA EVROPSKE UNIJE

Abstract

In this paper author analyzes the application of conflict-of-law rules of Regulation No 864/2007 on the law applicable to non-contractual obligations (Rome II Regulation) on non-contractual obligations arising out of torts caused by operation of artificial intelligence (AI) systems. The attention is given to general conflict-of-law rules on torts (Art. 4 Rome II Regulation), special conflict-of-law rules on product liability (Art. 5 Rome II Regulation) and infringement of intellectual property rights (Art. 8 Rome II Regulation), as well as to provisions on parties’ freedom of choice (Art. 14 Rome II Regulation), whereas the focus is put on problems in their application which can arise with regard to specific characteristics of AI systems. In addition, the application of provisions of the HCCH 1971 Traffic Accident Convention and the HCCH 1973 Product Liability Convention on cases involving AI systems are shortly analyzed, since these conventions take precedence over Rome II Regulation in certain EU Member States. Finally, some remarks are given on the unilateral conflict-of-law rule contained in Proposal for a Regulation of the Parliament and of the Council on Liability for the Operation of Artificial Intelligence of 20 October 2020.