Innovation, Quantum-AI Technology & Law

Blog over Kunstmatige Intelligentie, Quantum, Deep Learning, Blockchain en Big Data Law

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.

Fortune Publication: How to Prevent Quantum-A.I. Hybrids from Taking Over the World

Palo Alto, May 16, 2023—We are delighted to share our new Fortune piece titled "How to prevent quantum-A.I. hybrids from taking over the world," that showcases our Stanford-led research on Responsible Quantum Technology! The 21st century is rapidly becoming the Quantum Age. While the full realization of general-purpose quantum computers is still on the horizon, the emergence of hybrid systems that combine quantum phenomena with classical hardware is already a reality, making its way into both domestic and international markets. This convergence of quantum technology and artificial intelligence (AI) promises to unlock unprecedented advancements across various fields, but it also presents a host of complex geopolitical and grand strategy challenges that demand our immediate attention. As we stand on the precipice of this technological revolution, it is imperative that we proceed with a strong sense of responsibility, ensuring that these powerful tools are developed and deployed in a manner that aligns with our most cherished societal values.

Critical Quantum Insights for a Business Audience

The article, "How to prevent quantum-A.I. hybrids from taking over the world," published in Fortune on May 16, 2023, delves into the profound implications of this technological convergence, offering critical quantum insights for a business audience. It highlights the stark contrast between the development of quantum technology (QT) in liberal democracies, where adherence to fundamental human rights and democratic values is paramount, and its potential applications in autocratic regimes that may wield it for more nefarious purposes. The piece underscores the existential importance of international collaboration, not only on pressing global issues like climate change and inequality but also in the race for technological dominance, where the preservation of freedom and democratic principles hangs in the balance. As quantum-AI hybrids become increasingly prevalent, the authors argue that business and government leaders must engage with experts and the public to establish robust ethical standards, accountability mechanisms, and responsible technology frameworks to actively foster a competitive, values-based quantum-AI ecosystem.

In 2022, Kop & Wadhwa wrote a Foreign Policy paper titled ‘Why Quantum Computing Is Even More Dangerous Than Artificial Intelligence’, see: https://airecht.nl/blog/2022/why-quantum-computing-is-even-more-dangerous-than-artificial-intelligence-foreign-policy

The Dawn of the Quantum-AI Era: Navigating Opportunities and Risks

At the heart of this discourse is the recognition that any major technological advance inevitably raises critical questions of justice, benefit, and risk. The sheer scale and rapid pace of QT-enabled advancements, coupled with their counterintuitive nature, make these considerations all the more urgent. The potential applications are vast and transformative, ranging from quantum chemistry and drug design to logistical optimization and clean energy. However, the threats are equally significant, with the most widely understood being the imminent danger that quantum computing poses to our current cybersecurity infrastructure and data privacy.

In response to these challenges, a global conversation is underway among stakeholders to find a delicate balance between harnessing the benefits of QT and mitigating its risks. Many are turning to the established principles of Responsible Research and Innovation (RRI), which emphasize the importance of responsiveness, inclusivity, reflexivity, and anticipation. RRI posits that scientific and technological breakthroughs should be guided not only by scientific brilliance and economic incentives but also by social norms, ethical values, environmental sustainability, and public engagement. This approach encourages the integration of societal concerns throughout the entire innovation lifecycle, from the initial stages of research and development to the eventual distribution and use of new technologies.

A Framework for Responsible Quantum Innovation: The RQT Approach

Building upon this foundation, a Stanford-led interdisciplinary research group, comprising scholars from law, data science, theoretical physics, philosophy, ethics, social sciences, materials science, and innovation policy, has conceptualized a novel framework known as Responsible Quantum Technology (RQT). This framework is designed to proactively steward the development of QT toward equitable outcomes, mitigate potential risks, and foster an interdisciplinary approach to research and development. RQT embeds the key principles of RRI alongside a comprehensive consideration of the ethical, legal, socio-economic, and policy implications, collectively referred to as Quantum-ELSPI. The ultimate goal of RQT is to ensure that research and innovation efforts are aligned with societal expectations and contribute to the enhancement of planetary welfare.

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Quantum Technology Impact Assessment (EU AI Alliance, European Commission)

Brussels, 20 April 2023—The emergence of powerful new capabilities in large AI models, such as Generative Adversarial Networks (GANs), underscores the critical need to continuously improve and update technology impact assessment tools, ensuring they keep pace with rapid technological development. As defined in recent scholarship, technology impact assessment is the systematic process of monitoring and determining the unintended, indirect, or delayed societal impacts of a future technological innovation. Crucially, it is also about capitalizing on opportunities and enabling responsible innovation from the outset.

An article by Stanford Law’s Mauritz Kop on this topic is also featured on the European Commission's Futurium website.

Shaping the Quantum Innovation Process

Quantum Impact Assessments (QIAs) are emerging as vital practical tools to facilitate the responsible adoption of quantum technologies. There are several related approaches to this assessment: (1) interactive QIA, which seeks to influence and shape the innovation process; (2) constructive QIA, where social issues guide the design of the technology from its earliest stages; and (3) real-time QIA, which connects scientific R&D with social sciences and policy from the start, before a technology becomes locked-in.

Often taking the form of codes of conduct, best practices, roadmaps, and physics de-risking tools, QIA instruments can be used by governments, industry, and academia. These soft law toolsallow stakeholders to explore how current technological developments affect the world we live in and to proactively shape the innovation process toward beneficial, societally robust outcomes.

Exploratory Quantum Technology Assessment

Implementing interdisciplinary, expert-based QIAs can help raise awareness about the ethical, legal, socio-economic, and policy (ELSPI) dimensions of quantum technology, including quantum-classical hybrid systems. For instance, QIAs cultivate a deeper understanding of the potential dual-use character of quantum technology, where beneficial applications (such as quantum sensing for medical diagnostics) can exist alongside potentially harmful ones (such as the same sensors being used for autocratic surveillance).

Building on the foundational work of the 2018 AI Impact Assessment developed by ECP | Platform voor de InformatieSamenleving chaired by Prof. Kees Stuurman, this work presents a prototype of a QIA instrument: the Exploratory Quantum Technology Assessment (EQTA). This pioneering initiative was made possible through a collaboration between the Dutch Ministry of Economic Affairs & Climate Policy, Quantum Delta NL (QDNL), and ECP. The EQTA will be presented by Eline de Jong and Mauritz Kop at the inaugural Stanford Responsible Quantum Technology Conference in May 2023.

Guidance for Responsible Quantum Technology Implementation

The EQTA provides a comprehensive, practical step-by-step plan that encourages stakeholders to initiate a dialogue to clarify which ethical, legal, and social aspects are important in the creation and application of quantum systems and their interaction with classical technologies. This structured approach helps make the use of quantum technology—as well as the data and algorithms that power it—more transparent and accountable from an early stage.

Looking forward, establishing a risk-based legal-ethical framework in combination with standardization, certification, technology impact assessment, and life-cycle auditing of quantum-driven systems is crucial to stewarding society towards responsible quantum innovation. Mauritz Kop’s research group has written more on this framework in their seminal article Towards Responsible Quantum Technology (Harvard).

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Towards Responsible Quantum Technology published by Harvard Berkman Klein Center for Internet & Society

Boston, MA, March 21, 2023—In a landmark contribution to the global dialogue on technology governance, the Harvard Berkman Klein Center for Internet & Society has published the foundational article, "Towards Responsible Quantum Technology." This significant work, the result of a deeply interdisciplinary and transatlantic collaboration, lays out a comprehensive conceptual framework for steering the development of quantum technologies (QT) in a direction that is safe, ethical, and aligned with democratic values.

The manuscript, which was also published in the Hastings Science & Technology Law Journal by the University of California, College of the Law, San Francisco, and in the University of Cambridge repository -with preprints at Stanford Law, ArxiV and the European Commission’s Futurium website- represents a concerted effort to get ahead of the regulatory curve. It argues for a proactive, principled approach to governance while the technology is still malleable, learning from the often-reactive postures taken with previous technological waves like AI and the internet.

A Transatlantic Constellation of Scholars

The paper is authored by a distinguished group of international scholars led by Mauritz Kop, Visiting ‘Quantum & Law’ Scholar at Stanford and the imminent Founding Director of the Stanford Center for Responsible Quantum Technology. The team represents a formidable convergence of expertise from the world's leading academic institutions, including Stanford, Harvard, Oxford, Yale, Cambridge, the University of Waterloo, and the Universities of Munich, Amsterdam, Maastricht, and Copenhagen.

This collaboration brought together leading lights in law, data science, theoretical quantum physics, philosophy and ethics, socioeconomics, materials science and engineering, and innovation policy. The author group includes Mateo Aboy, Eline De Jong, Urs Gasser, I. Glenn Cohen, Timo Minssen, Teresa Quintel, Mark Brongersma, Luciano Floridi, and Raymond Laflamme, whose collective insights provide a holistic and robust foundation for the proposed framework.

The RQT Framework: Integrating Quantum-ELSPI and RRI

At the heart of the paper is the conceptual framework for Responsible Quantum Technology (RQT). This framework is designed to systematically integrate considerations of the Ethical, Legal, Social, and Policy Implications (ELSPI) of quantum technologies directly into the research and development lifecycle.

The RQT framework is built upon the established dimensions of Responsible Research and Innovation (RRI)—anticipation, inclusion, reflection, and responsiveness. By merging these two approaches, Quantum-ELSPI and RRI, the authors have created a powerful tool for ensuring that the development of quantum is not driven solely by technical or commercial imperatives, but by a deep and abiding commitment to societal well-being.

Operationalizing Responsible Quantum Technology: The 10 Principles and Future Regulation

The "Towards Responsible Quantum Technology" paper is the first in a series of studies designed to build a comprehensive governance architecture. It lays the conceptual groundwork that is further operationalized in a subsequent study led by Kop, the "10 Principles for Responsible Quantum Innovation." This second paper translates the high-level SEA framework into concrete, actionable principles for real-world application.

Ultimately, the RQT framework is intended to inform the emergent regulatory landscape for quantum technology. The authors provide an outlook on how regulatory interventions can be designed and contextualized to be effective without stifling innovation. By tailoring governance to the exceptional nature of quantum, the goal is to reduce the risk of unintended, counterproductive policy effects and to foster a thriving, responsible, and values-based quantum ecosystem. The paper concludes with a call to action for the research community and other stakeholders to build upon this foundational work, to further develop the guiding principles, and to translate them into the best practices that will define the quantum future.

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Stanford Light Opera Company: Johann Strauss’ Die Fledermaus

In February 2023, Stanford law scholar Mauritz Kop stepped off the page and into the orchestra pit, joining the Stanford Light Opera Company (SLOCo) for its winter production of Johann Strauss II's Die Fledermaus. He played clarinet—A and B-flat—substage with the company's orchestra across four performances at Dinkelspiel Auditorium. For a researcher whose work increasingly concerns the rights of performers and composers in the age of artificial intelligence, the view from below the stage was more than a hobby; it was a vantage point.

A student company's feminist Strauss

SLOCo's staging, directed by Nicolle Hendzel '23 in an English translation by Marcie Stapp, reimagined a ballroom farce as a deliberately feminist work, placing the characters who orchestrate the plot's great prank—and who hold power within it—in the hands of its women. The company is a student-run organization with roots in the Stanford Savoyards, a Gilbert and Sullivan society founded in 1973 and rebranded as SLOCo in 2016. The operetta itself dates to 1874, when it premiered at the Theater an der Wien in Vienna; nearly a century and a half later, a student orchestra gave it a contemporary edge.

Where music meets the law of AI

Kop is a Stanford Law School fellow and a practicing classical musician on piano and clarinet, and the two roles inform one another. His scholarship on copyright, authorship, and the public domain carries the weight of someone who has sat among the performers the law is meant to protect. That sensibility runs through his analysis of cloned voices and machine-generated compositions, where familiar copyright questions—who is the author, who is paid, and what enters the public domain—have been made newly pressing by generative systems. A scholar who has taught music law at the Royal Conservatoire in The Hague has good reason to keep one foot in live performance.

Why the arts belong in technology-law writing

Technology law has a tendency to treat the arts as something to be regulated rather than understood. An evening in a student orchestra reverses that order. The discipline of a rehearsed part delivered in real time, the collective labor of an ensemble, and the precarious economics of a production staged for love rather than profit are precisely what the law of music exists to serve. As AI begins to imitate the performer's craft at scale, the argument for a creator-aware approach to authorship and remuneration only sharpens—an argument that runs throughout Kop's scholarship on responsible technology across law, music, and policy. The clarinet, on this telling, is not a distraction from the research—it is a reminder of whom the research is for.

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Quantum Days Canada: CCA Panel on Quantum Technologies

When the Council of Canadian Academies brought its quantum expert panel to Quantum Days in January 2023, it did something unusual for a national academy: it opened an unfinished study to public input. Mauritz Kop joined the session to frame the ethical, legal, social, and policy stakes of quantum adoption—and to invite the audience to help shape the questions, not just receive the answers.

A government-commissioned panel, in public

The panel had been formed at the request of federal sponsors, including the National Research Council of Canada and Innovation, Science and Economic Development Canada, and was chaired by the physicist Raymond Laflamme. The Quantum Days appearance gathered members of that panel—Laflamme, Jeff Kinder, Mauritz Kop, and Jacqueline Bartlett among the named participants—to discuss the panel's mandate, key questions, and priorities while its assessment of Canadian quantum adoption was still being written. It was a national study opened up mid-draft, with its conclusions deliberately still open.

Live polls and equitable access

The session's signature move was procedural: the audience was invited to feed the eventual report through live polls, under the banner of helping Canada build a quantum ecosystem. That design choice carries an argument. Responsible quantum governance, on Kop's reading, treats equitable access to quantum-enabled prosperity as a question to be settled by deliberation rather than left to the market, and asks how codes of conduct and design guidelines can be agreed across cultures whose ethical intuitions differ. Live audience input is well suited to surfacing exactly the trade-offs that have no single technically correct answer—and it reflects the distributive themes that run through Kop's broader scholarship on responsible technology.

Why the policy lens belongs at a physics conference

Quantum systems invite governance because their behavior is genuinely unfamiliar. Superposition and entanglement change what computation can do, with consequences for cryptography and security that existing law did not anticipate. The case for an ethical, legal, social, and policy lens at a technical conference is that the rules must be drafted while the science is still moving—a position consistent with the standards-and-principles direction Kop and colleagues set out in the Ten Principles for Responsible Quantum Innovation.

A panel on its way to a report

The Quantum Days session is one step in a longer process. The same panel, under the same chair, is carrying its study through 2023 toward a national assessment of quantum adoption in Canada, with Kop among its members. The sequence—open the questions in public, gather input through live polls, then translate that deliberation into evidence for decision-makers—offers a working model of quantum governance that is both expert-led and publicly grounded, an early example of treating quantum policy as a question worked out in the open rather than a finished product to be announced. (That study became the CCA's Quantum Potential report, published November 30, 2023.)

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CQ Researcher Interviews Mauritz Kop on Regulating Artificial Intelligence and Quantum Computing

In late 2022, journalist Sarah Glazer interviewed Mauritz Kop—Founder of the Stanford Center for Responsible Quantum Technology (Stanford RQT)—for a CQ Researcher report, The Future of Artificial Intelligence — Can it be successfully regulated?, published under the lineage of Congressional Quarterly. Her questions ranged across the whole governance agenda: the regulatory gaps for artificial intelligence in the United States and Europe, the reach of the EU AI Act, the timing and skepticism around quantum computing, China and defense, and whether a machine could ever be sentient. Kop's written responses offer a compact statement of his position just before the field's law caught up with its technology.

The diagnosis: rules without teeth

Kop's opening line to Glazer was unsparing: "On both sides of the Atlantic, AI regulation is virtually nonexistent at the moment." The EU Artificial Intelligence Act, he explained, would change that—and not only in Europe. Because it is a Regulation rather than a Directive, it binds all Member States directly; and through the Brussels effect it sets a de facto global standard, exporting a risk-tiered, conformity-and-certification approach to AI well beyond the EU's borders.

Quantum is not "twenty years away"

The interview's sharpest thread was Kop's rebuttal to the familiar claim that quantum computing is perpetually two decades off. The framing, he argued, confuses engineering milestones with physical reality. Adversaries can harvest encrypted data now and decrypt it later once a capable machine exists, so the migration clock is already running. The physics is unforgiving: because qubits exploit superposition and entanglement, a quantum register explores an exponentially large state space, and an algorithm like Shor's turns that into the ability to break the assumptions behind today's public-key encryption. The argument echoes the warning in the Foreign Policy op-ed that drew Glazer to him in the first place.

Govern the systems we have

On machine sentience, Kop kept capability and consciousness apart: quantum effects make hard computations tractable, but they do not manufacture an inner life, and nothing in the physics confers rights on a model. The serious work is to govern the AI and quantum systems already in deployment—an interdisciplinary, standards-first program Kop has carried into venues from the U.S. Senate to his scholar profile. Read in 2026, after the EU AI Act's adoption and NIST's finalization of its first three post-quantum cryptography standards, the 2022 conversation looks less like commentary than like an early reading of developments now settled in law.

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Mauritz Kop Advises Yale Law School's Lowenstein Human Rights Project on Quantum Technology and Human Rights

In November 2022, the Lowenstein Project at Yale Law School—the student-led human rights group founded in 1981 under the Schell Center for International Human Rights—reached out to Mauritz Kop for his expertise on quantum technology and human rights. The team was working on a background policy memorandum, in association with the Seoul National University Artificial Intelligence Policy Initiative and the Korean Mission to the United Nations in Geneva, to support a proposed new U.N. Special Rapporteurship on human rights in the development of new technologies. Their question was practical and revealing: how does a layperson "get smart" on quantum?

Lawyers seeking to make a hard field legible

The outreach was, in the project's own words, "primarily focused on the research process, especially from a lay perspective." The questions concerned method, not conclusions—where to begin, how to sequence the material, which kinds of technical understanding human rights applications actually require, and whom else to consult. Kop shared his insights into that process. He did not draft the memorandum and the engagement should not be overstated: it was a scholar helping advocates reach the threshold of understanding from which rights questions can be posed precisely rather than rhetorically.

Why the physics has to come first

Quantum is harder to make legible than artificial intelligence or social media, and easy to discuss in metaphors that mislead. Getting smart on it means grasping superposition, entanglement, and measurement—features with no classical analogue—well enough that rights claims become testable rather than atmospheric. A concrete worry about a future quantum computer breaking today's public-key encryption is a disciplined claim; generalized anxiety about "quantum" doing something powerful and unspecified is not. The difference is exactly what a layperson must cross to draft credible norms.

Quantum literacy as a precondition for rights protection

The episode is small but structural. The U.N. human rights system can only fashion meaningful safeguards for a technology its drafters understand; an instrument written from metaphor risks protecting the wrong things, or nothing. That is why responsible quantum governance has to be interdisciplinary from the start, with lawyers, ethicists, and physicists working together—a case Kop and colleagues have made across the responsible-quantum-technology literature, including the Ten Principles for Responsible Quantum Innovation. The Lowenstein outreach is that argument running in reverse: advocates recognizing that they had to learn the technology before they could protect against it.

A small request, a durable lesson

To be precise about the record: Kop answered the project's research-process questions; he was not an author of the memorandum, and whether a new Special Rapporteurship is ultimately established is a matter for the Human Rights Council. The durable point is narrower and more interesting—that human rights advocates building a case at the United Nations turned to a quantum scholar to make the field legible first. Quantum literacy is becoming a precondition for rights-protective governance, not an optional supplement to it.

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Mauritz Kop Speaks on Quantum Ethics, Intellectual Property and Innovation at NASA SWEEEP Event

On October 3, 2022, a interdisciplinary dialogue on the future of quantum technology and its societal implications took place within a consortium focused on some of the most pressing environmental challenges of our time. Mauritz Kop, a visiting quantum and law scholar at Stanford University, was invited to address a workshop for the SouthWest Engine for Environment and Economic Prosperity (SWEEEP), a major initiative led by a consortium including NASA’s Jet Propulsion Laboratory (JPL), CalTech, and California State University, Northridge. The event, part of the National Science Foundation (NSF) Regional Innovation Engines program, provided a platform to discuss the intricate web of ethical, legal, socio-economic, and policy implications—termed "Quantum-ELSPI"—that must be navigated as quantum technologies are harnessed to address grand challenges like water scarcity and agricultural sustainability.

The Institutional Context: NASA and the SWEEEP Mission

The National Aeronautics and Space Administration (NASA), established in 1958, has a storied history of pushing the boundaries of science and technology for the benefit of humanity. While renowned for space exploration, its mission extends deeply into Earth science, utilizing its unique vantage point from space to understand and protect our home planet. From monitoring climate change and weather patterns to managing natural resources, NASA’s work is foundational to global environmental stewardship.

This commitment to terrestrial challenges is exemplified by its involvement in the SWEEEP initiative. SWEEEP is a direct response to the NSF Regional Innovation Engines program, a nationwide effort to catalyze and accelerate regional-scale, R&D-based innovation ecosystems. The program is designed to fund "Engines" that advance critical technologies, address societal challenges, promote economic growth, and cultivate regional talent, with potential funding of up to $160 million over ten years per Engine.

It was within this context of ambitious technological solution-building that Mauritz Kop was invited to provide a crucial perspective on governance and responsible innovation. The leaders of the initiative, including Edward Chow of NASA JPL and Bingbing Li of California State University Northridge, recognized that developing powerful new technologies carries a responsibility to proactively address their societal impact.

Quantum-ELSPI: A Framework for Responsible Innovation

In his address, Mauritz Kop introduced the comprehensive concept of Quantum-ELSPI, arguing for a multidisciplinary approach that integrates ethical, legal, socio-economic, and policy considerations directly into the R&D lifecycle. He stressed the importance of "building bridges between disciplines," enabling quantum physicists and engineers to communicate effectively with experts in the humanities and social sciences. The goal is not to give premature, all-encompassing answers, but to begin by asking the right questions.

For a project like SWEEEP, this means looking beyond the technical specifications of a quantum sensor to consider the legal frameworks for the data it collects, the ethical implications of its use in agriculture, and the socio-economic impact on farming communities. Kop noted that NSF reviewers would likely value such a forward-thinking awareness of the complex societal dimensions of the proposed technological interventions.

Intellectual Property in the Quantum Age: Fostering or Hindering Innovation?

A significant portion of the discussion was dedicated to the role of intellectual property (IP) in the quantum domain. Quantum computers and related systems are extraordinarily complex, comprising myriad components, each potentially protected by its own IP right. Kop described this as a "rainbow of IP rights," where patents, copyrights, trade secrets, and trademarks can create a dense and overlapping landscape.

While IP is designed to incentivize invention, he cautioned that an over-reliance on exclusive rights could lead to "IP overprotection," potentially stifling the cumulative, follow-on innovation that is essential for a burgeoning field like quantum technology. The challenge is to balance the need to protect inventions with the goal of building an open, thriving global quantum ecosystem.

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Why Quantum Computing Is Even More Dangerous Than Artificial Intelligence (Foreign Policy)

Washington DC, August 21, 2022. Foreign Policy just published an article about regulating quantum technology authored by Vivek Wadhwa and Mauritz Kop. https://foreignpolicy.com/2022/08/21/quantum-computing-artificial-intelligence-ai-technology-regulation/

United States and other democratic nations must prepare for tomorrow's quantum era today

To avoid the ethical problems that went so horribly wrong with AI and machine learning, democratic nations need to institute controls that both correspond to the predicted power of the emerging suite of second generation quantum technologies, and respect & reinforce democratic values, human rights, and fundamental freedoms. In fact, the quantum community itself has issued a call for action to immediately address these matters. We argue that governments must urgently begin to think about regulation, standards, and responsible use—and learn from the way countries handled or mishandled other revolutionary technologies, including AI, nanotechnology, biotechnology, semiconductors, and nuclear fission. Benefits and increased quantum driven prosperity should be equitably shared among members of society, and risks equally distributed. The United States and other democratic nations must not make the same mistake they made with AI—and prepare for tomorrow's quantum era today.

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Mauritz Kop Presents Oxford JIPLP Article on Quantum Computing, IP and Market Power at IPSC 2022, Stanford Law School

IPSC 2022 at Stanford: at the first in-person Intellectual Property Scholars Conference after two virtual years (August 11–12, 2022), Mauritz Kop presented his Oxford JIPLP article Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis, co-authored with Mateo Aboy and Timo Minssen.

When IP stops doing its job

The theory: intellectual property exists to incentivize innovation, but excessive proliferation of exclusive rights over a foundational technology produces anticommons effects — overlapping thickets that raise transaction costs, deter follow-on research and concentrate first-mover market power. Quantum computing, built on decades of publicly funded science, is exactly where that risk bites hardest.

The patent data behind the argument

The empirics: the article analyzes the quantum-computing patent landscape — who files, where portfolios cluster, and what that implies for market structure in a field whose hardware, algorithms and error-correction methods may all carry exclusive rights. Theory says when proliferation harms innovation; the data say where quantum technology stands today.

A transatlantic collaboration, a Stanford homecoming

Kop, Aboy and Minssen connect European and American IP scholarship on quantum computing; for Kop the venue completed a circle, having spent early 2022 as visiting scholar at Stanford Law School. The presentation put the market-power findings before the scholars best placed to attack the methodology — which is what the IPSC works-in-progress format exists to do. And after two virtual editions, the 22nd IPSC's return to a physical Stanford conference room restored the corridor conversations that turn a panel question into a coauthorship.

Standards: the other half of ownership

Beyond patents, quantum interoperability standards will run on disclosure and licensing commitments from the very portfolio holders the article tracks. Whether those commitments are negotiated early, FRAND-style, or after positions harden will shape access to the technology as surely as any patent dispute — and the article's empirical map is groundwork for getting that negotiation right.

Third station of a research arc

From AI's data inputs (IPSC 2020) via waive-or-pledge quantum IP (IPSC 2021) to ownership structure and market power (2022): the sequence tracks a research line moving from machine learning's raw material to quantum computing's ownership structure, each stage workshopped in public before publication. That line later grew into an institutional one — see Stanford University launches the Stanford Center for Responsible Quantum Technology. If early patent concentration hardens into durable market power, access to the field's foundational capabilities narrows before the technology matures; making that risk empirically discussable, rather than rhetorical, is the article's lasting contribution.

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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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Morning Brew and Dark Reading Interview Mauritz Kop on Quantum Ethics and the EU AI Act

Within the same fortnight in June 2022, two technology outlets sought out Mauritz Kop on the two governance questions that run through his scholarship: the ethics of quantum computing, and Europe's proposed AI Act. Emerging Tech Brew, Morning Brew's technology vertical, featured him in "As quantum computing advances, who's thinking about ethics?"; Dark Reading featured him in "EU Debates AI Act to Protect Human Rights, Define High-Risk Uses." In both, Kop is identified as a Transatlantic Technology Law Forum fellow at Stanford University and a strategic intellectual property lawyer at AIRecht.

Quantum ethics: act before the technology locks in

To Emerging Tech Brew, Kop's central message was about timing. "We were obviously too late for AI, and now, [for quantum computing], we still have the chance to be in time before the technology gets locked in," he said—invoking the Collingridge dilemma, in which a technology is easiest to steer precisely when its risks are hardest to see. The urgency is rooted in physics: superposition and entanglement give quantum machines a categorically different kind of power, including the eventual ability to break the public-key cryptography that protects today's communications—one reason the World Economic Forum's quantum governance principles name "non-maleficence" as a core value. Kop paired a call for transparency about present capability with a warning about a "Pandora's Box of unknown risks," and likened the field's duty of care to the Hippocratic Oath—"in this case, our society is the patient."

The EU AI Act: a product-safety regime for AI

To Dark Reading, Kop framed the EU AI Act as a product-safety regime that closes the gaps left by an otherwise unregulated field. "The risks are too high for nonbinding self-regulation by companies alone," he said, describing the act as "a human centric legal-ethical framework that intends to safeguard and protect human rights and fundamental freedoms from violations of these rights and freedoms by algorithms and smart machines." High-risk classification, he explained, scales obligations to danger—stricter rules for AI in healthcare and defense than for AI in tourism—through a dynamic, evolving list.

One conviction, two technologies

Both interviews express a single idea: that governance works best when embedded early, by design, and grounded in human rights rather than retrofitted after harm. Kop did not minimize the compliance burden on startups, nor the legal uncertainty that surrounds early regulation; his answer is "Trustworthy AI by Design," built in from the first line of code, and regulatory sandboxes that give responsible innovation room to breathe. More on the author's work is available via his scholar profile.

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