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ABSTRACT
The robot, whether it is an industrial robot or a service robot, is not grasped as such by the law, but through concepts such as that of machine, or the more well-known concept of thing.
The study of the law of robotics is thus the study of a fragmented law, yet with a proven efficiency. Perhaps because the collective imagination is struck by the novelty of the robotic phenomenon, the proposals to modify the law are numerous, at the risk of forgetting the capacity of the law in force to deal with it appropriately.
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Read the articleAUTHORS
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Cristelle ALBARIC: Associate Lawyer (Simon Associés), Doctor of Law, LLM
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Thibaud JUNCKER: Doctoral student in Legal Sciences (Proxinnov)
INTRODUCTION
Robots, whether industrial or service robots, are not covered by the law as such, but rather by concepts such as "machine" and "thing". The study of the law of robotics is therefore the study of a law that may be dispersed, but which has proven its effectiveness. Perhaps because the collective imagination has been struck by the novelty of robotics, there are many proposals to modify the law, at the risk of overlooking the ability of existing law to deal with it effectively.
This article does not deal with military robotics law. However, it is important for the robot manufacturer or purchaser to refer to Council Regulation No. 428/2009 of May 5, 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, concerning the rules applying to items which may have both civilian (industrial and service) and military applications.
Similarly, the specific aspects of intellectual property will not be discussed here.
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KEYWORDS
artificial intelligence | liability | Robotics | Robot | machinery | hidden defects | fault | autonomy | damage | defective products
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Robotics law
Background and definitions
Bibliography
Regulations
Council Directive 85/374/EEC of July 25, 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products.
United States: Restatement 3rd of Torts: Products Liability, Foreword (1997).
Japan: Consumer Contract Act, law no. 61 of May 12, 2000.
Directive 2006/42/EC of the...
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