Innovation, Quantum-AI Technology & Law

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Blog over juridische, sociale, ethische en policy aspecten van Kunstmatige Intelligentie, Quantum Computing, Sensing & Communication, Augmented Reality en Robotica, Big Data Wetgeving en Machine Learning Regelgeving. Kennisartikelen inzake de EU AI Act, de Data Governance Act, cloud computing, algoritmes, privacy, virtual reality, blockchain, robotlaw, smart contracts, informatierecht, ICT contracten, online platforms, apps en tools. Europese regels, auteursrecht, chipsrecht, databankrechten en juridische diensten AI recht.

Berichten met de tag Antitrust Law
Mauritz Kop Awarded Senior Fellowship at Leading G7 Think Tank CIGI Waterloo

Mauritz Kop, founder of the Stanford Center for Responsible Quantum Technology (RQT) and a guest professor at the US Air Force Academy (USAFA), has been appointed a senior fellow at the Centre for International Governance Innovation (CIGI), a leading Canadian G7 think tank with a global reputation for impactful research and policy advice. This fellowship marks a significant new chapter in Professor Kop's work, allowing for a deeper dive into the intricate and rapidly evolving nexus of quantum technology, artificial intelligence (AI), intellectual property (IP) law, competition policy, and national security. The initial project will focus on developing a comprehensive roadmap for navigating this complex landscape, building on previous engagement with CIGI and long-standing academic and professional connections with Canada.

Mauritz Kop Appointed Senior Fellow at CIGI: A New Chapter in Quantum Governance and Global Security

This CIGI senior fellow appointment is not just a personal honour, but a testament to the growing global recognition of the urgent need for innovative governance models to steer the development of powerful dual-use technologies towards beneficial outcomes for humanity. The challenges are immense, but so are the opportunities. In a world grappling with geopolitical instability and the disruptive potential of emerging technologies, CIGI’s mission to build bridges from knowledge to power has never been more critical. Kop is thrilled to contribute to this mission and to collaborate with CIGI’s distinguished team of experts.

Building on a Foundation: The Dual-Use Project and Previous Engagements

Professor Kop's journey with CIGI began prior to this fellowship, with a seminar delivered on the governance of dual-use quantum technologies. That lecture, titled “Responsible Quantum AI Governance: From Ethical Principles to Global Frameworks,” set the stage for the work he is about to undertake. In that presentation, he argued that we are approaching a “Quantum Event Horizon”—a critical juncture beyond which our ability to shape the trajectory of advanced quantum and AI systems may be irrevocably lost. The core of Kop's argument was that traditional governance models and diplomatic efforts are insufficient to address the systemic challenges posed by a global, high-stakes race for quantum supremacy.

The seminar explored the necessity of a multi-layered governance strategy. This includes not only the development of robust international legal frameworks and oversight bodies, drawing inspiration from nuclear non-proliferation treaties, but also the integration of “Quantum-Resistant Constitutional AI” to hardwire universal values into the technology itself. This dual approach, grounded in the principles of responsible innovation, is essential to mitigate the risks of misuse by state and non-state actors, and to ensure that these technologies serve to enhance, rather than undermine, democratic societies.

The positive reception to these ideas and the stimulating discussions that followed with the CIGI community laid the groundwork for this senior fellowship. It became clear that there was a shared understanding of the stakes involved and a common commitment to forging a path towards a safe and equitable quantum future. This fellowship provides the ideal platform to transition from articulating these principles to developing concrete, actionable policy recommendations.

A New Frontier: IP, Competition Law, Quantum, Dual-Use, and National Security

Professor Kop's first project as a CIGI Senior Fellow will be an in-depth analysis of the critical nexus between quantum technology, AI, IP policy, and national security strategy. The convergence of quantum and AI capabilities presents unprecedented challenges for global innovation and strategic stability, most notably the looming threat of “Q-Day,” when a sufficiently powerful quantum computer could break most of the public-key cryptography that underpins our digital world.

This project will draw lessons from historical precedents, particularly the governance of nuclear technology, to inform the development of novel frameworks for quantum governance. A key component of the research will be a comparative analysis of quantum IP strategies across the dominant tech blocs, examining how different approaches to patents, trade secrets, and state secrets are shaping the global quantum race.

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Quantum Computing and Intellectual Property Law

Berkeley Technology Law Journal, Vol. 35, No. 3, 2021

New Stanford University Beyond IP Innovation Law research article: “Quantum Computing and Intellectual Property Law”.

By Mauritz Kop

Citation: Kop, Mauritz, Quantum Computing and Intellectual Property Law (April 8, 2021). Berkeley Technology Law Journal 2021, Vol. 35, No. 3, pp 101-115, February 8, 2022, https://btlj.org/2022/02/quantum-computing-and-intellectual-property-law/

Download the article here: Kop_QC and IP Law BTLJ

Please find a short abstract below:

Intellectual property (IP) rights & the Quantum Computer

What types of intellectual property (IP) rights can be vested in the components of a scalable quantum computer? Are there sufficient market-set innovation incentives for the development and dissemination of quantum software and hardware structures? Or is there a need for open source ecosystems, enrichment of the public domain and even democratization of quantum technology? The article explores possible answers to these tantalizing questions.

IP overprotection leads to exclusive exploitation rights for first movers

The article demonstrates that strategically using a mixture of IP rights to maximize the value of the IP portfolio of the quantum computer’s owner, potentially leads to IP protection in perpetuity. Overlapping IP protection regimes can result in unlimited duration of global exclusive exploitation rights for first movers, being a handful of universities and large corporations. The ensuing IP overprotection in the field of quantum computing leads to an unwanted concentration of market power. Overprotection of information causes market barriers and hinders both healthy competition and industry-specific innovation. In this particular case it slows down progress in an important application area of quantum technology, namely quantum computing.

Fair competition and antitrust laws for quantum technology

In general, our current IP framework is not written with quantum technology in mind. IP should be an exception -limited in time and scope- to the rule that information goods can be used for the common good without restraint. IP law cannot incentivize creation, prevent market failure, fix winner-takes-all effects, eliminate free riding and prohibit predatory market behavior at the same time. To encourage fair competition and correct market skewness, antitrust law is the instrument of choice.

Towards an innovation architecture that mixes freedom and control

The article proposes a solution tailored to the exponential pace of innovation in The Quantum Age, by introducing shorter IP protection durations of 3 to 10 years for Quantum and AI infused creations and inventions. These shorter terms could be made applicable to both the software and the hardware side of things. Clarity about the recommended limited durations of exclusive rights -in combination with compulsory licenses or fixed prized statutory licenses- encourages legal certainty, knowledge dissemination and follow on innovation within the quantum domain. In this light, policy makers should build an innovation architecture that mixes freedom (e.g. access, public domain) and control (e.g. incentive & reward mechanisms).

Creating a thriving global quantum ecosystem

The article concludes that anticipating spectacular advancements in quantum technology, the time is now ripe for governments, research institutions and the markets to prepare regulatory and IP strategies that strike the right balance between safeguarding our fundamental rights & freedoms, our democratic norms & standards, and pursued policy goals that include rapid technology transfer, the free flow of information and the creation of a thriving global quantum ecosystem, whilst encouraging healthy competition and incentivizing sustainable innovation.

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