Intellectual Property in Quantum Computing and Market Power: A Theoretical Discussion and Empirical Analysis (Oxford University Press)

Delighted to see our article ‘Intellectual Property in Quantum Computing and Market Power: A Theoretical Discussion and Empirical Analysis’ -co-authored with my talented friends Prof. Mateo Aboy, PhD, SJD, FIT and Prof. Timo Minssen- published in the Journal of Intellectual Property Law & Practice (Oxford University Press), the flagship IP peer-reviewed OUP Journal, edited by Prof. Eleonora Rosati. Thanks to the JIPLP team for excellent editorial support! Our article: https://academic.oup.com/jiplp/article/17/8/613/6646536

This piece is the sisterpaper of our Max Planck @ Springer Nature published article titled ‘Mapping the Patent Landscape of Quantum Technologies: Patenting Trends, Innovation and Policy Implications’, which we wrote in parallel. The IIC quantum-patent study can be found here: https://link.springer.com/article/10.1007/s40319-022-01209-3. Our teamwork was absolutely gratifying and we hope it will inform strategic, evidence based transatlantic policy making.

IP and Antitrust Law

Please find a short synopsis of our work below:

We are on the verge of a technological revolution associated with quantum technologies, including quantum computing and quantum/artificial intelligence hybrids. Its complexity and global significance are creating potential innovation distortions, which could not have been foreseen when current IP and antitrust systems where developed.

Potential IP Overprotection

Using quantitative methods, we investigated our hypothesis that IP overprotection requires a reform of existing IP regimes for quantum tech, to avoid or repair IP thickets, fragmented exclusionary rights and anticommons concerns, lost opportunity costs, and an unwanted concentration of market power.

Perhaps counter-intuitively, we found that there appear to be (at least so far) no such overprotection problems in the real-world quantum computing field to the extent that their consequences would hinder exponential innovation in this specific branch of applied quantum technology, as more and more quantum patent information enters the public domain.

Patents versus Trade Secrets and State Secrets

However, developments taking place in secrecy, either by trade secrets or state secrets, remains the Achilles heel of our empirical approach, as information about these innovations is not represented by our dataset, and thus cannot be observed, replicated or generalized.

Interplay between IP and Antitrust Law: Open or Closed Innovation Systems

Policy makers should urgently answer questions regarding pushing for open or closed innovation systems including the interplay between IP and antitrust law, taking into account dilemma’s pertaining to equal/equitable access to benefits, risk control, ethics, and overall societal impact. Crucially, intellectual property in quantum technology has a national safety and (cyber)security dimension, often beyond the IP toolkit.

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Artificial Intelligence, Data processing, Intellectual Property, Antitrust, Competition Law, Empirical researchMauritz Kop19 juli 2022AI, Intellectueel Eigendom, Data, Antitrust, fair competition

Mauritz Kop joins Expert Panel on Quantum Technologies of the Council of Canadian Academies (CCA)

Mauritz Kop joins the multidisciplinary Expert Panel on Quantum Technologies of the Council of Canadian Academies (CCA) over 2022-2023, chaired by Professor Raymond Laflamme. In November 2023, The Expert Panel on the Responsible Adoption of Quantum Technologies published their final report titled Quantum Potential. https://cca-reports.ca/reports/quantum-technologies/

The Council of Canadian Academies (CCA) Investigates Future Impact of Quantum Technologies

As Chair, Dr. Raymond Laflamme will lead a multidisciplinary group with expertise in quantum technologies, economics, innovation, ethics, and legal and regulatory frameworks. The Panel will answer the following question:

In light of current trends affecting the evolution of quantum technologies, what opportunities and challenges do these present in Canada?

The Quantum Potential Report

Quantum technologies are poised to play a major role in Canada’s future, from its national security to its economic standing. While Canada is among the global leaders in quantum research, it nevertheless faces challenges in the adoption of these technologies as they approach market readiness. Quantum Potential, a new expert panel report from the Council of Canadian Academies (CCA), outlines a responsible approach to quantum-technology adoption — a critical step toward ensuring Canada’s global competitiveness in the decades ahead.

Quantum Computing, Sensing, and Communications

Quantum Potential considers quantum computing, sensing, and communications, three categories of quantum technology at varying levels of maturity. While these technologies may strengthen digital infrastructure, improve data security, and optimize processes across a range of economic sectors, they also pose significant risks, such as misuse by malicious actors. Risks associated with quantum technologies span ethical, legal, social, and policy realms; without sufficient consideration, they may compromise public trust in quantum technologies, limit research funding, and stifle innovation.

The Commercialization Potential of Quantum Technologies in Canada

Quantum Potential explores the commercialization potential of quantum technologies, articulates Canada’s position within the global quantum value chain, and examines those conditions and policy levers that might promote their responsible adoption. https://cca-reports.ca/reports/quantum-technologies/

Quantum technologies offer opportunities to harness the properties of quantum mechanics for a breadth of applications, many of them novel. Though many quantum technologies are several years away from reaching market, it is believed that they have the potential to revolutionize many industries as they reach widespread commercial availability. Domestic industries will need to adopt these technologies if they wish to remain globally competitive, as will governments hoping to ensure national and economic security, public safety, and the integrity of critical infrastructure. To date, Canada has made noteworthy investments in the research and development of quantum technologies but has focused less on mechanisms to stimulate their diffusion and adoption.

Ethical, Legal, Social, and Policy Implications (Quantum-ELSPI)

The adoption of quantum technologies also carries significant ethical, legal, social, and policy implications. These include potential threats to data security and digital infrastructure, anticompetitive pressures by market-dominant firms, mass surveillance and privacy loss, regulatory uncertainty, inequitable access to technology, and social challenges related to employment and public trust in science. However, there are many strategies that could help address these challenges and stimulate the responsible adoption of quantum technologies. These include public-private co-operation, pro-competition oversight and policies, industry-led initiatives, and the creation of a diverse quantum workforce. In order to maximize the benefits of quantum technologies while mitigating potential risks, responsible approaches to adoption should use state-sanctioned and self-regulating measures – including quantum impact assessments, soft-law mechanisms, and consultations with stakeholders – to anticipate the effects of technological change.

Thanks to the sponsors National Research Council Canada and Innovation; Science and Economic Development Canada for facilitating this Report.