TY - JOUR

T1 - Intellectual Property in Quantum Computing and Market Power: A Theoretical Discussion and Empirical Analysis

AU - Kop, Mauritz

AU - Aboy, Mateo

AU - Minssen, Timo

N1 - Mauritz Kop, Mateo Aboy, Timo Minssen, Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis, Journal of Intellectual Property Law & Practice, 2022; pp 613-628, available at: https://doi.org/10.1093/jiplp/jpac060 (accessed 31 July, 2022). See also: https://academic.oup.com/jiplp/article/17/8/613/6646536 .

PY - 2022

Y1 - 2022

N2 - This article utilizes the insights gained from qualitative and quantitative studies to (a) inquire which IPRs and related rights are currently directed to quantum computing and (b) examine whether the strategic use of overlapping IPRs might lead to innovation distortions such as excessive anticompetitive effects and underuse associated with property fragmentation. The paper acknowledges the strategically decisive role that IPRs can play not only in the gobal competition for quantum supremacy, but also in translating technological advances into useful products. Yet, considering the need for healthy and competitive innovation eco-systems we also inquire the question if, and if so to what degree, IP portfolio approaches could result in inappropriate proliferations of exclusive rights, raise anticommons concerns and denote unwanted concentrations of first mover market power. It concludes by outlining potential proactive responses to mitigate these risks, while addressing the major future open and closed innovation opportunities, implications and challenges posed by quantum technology in general and quantum computing in particular.Cite as: Mauritz Kop, Mateo Aboy, Timo Minssen, Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis, Journal of Intellectual Property Law & Practice, 2022; pp 613-628, available at: https://doi.org/10.1093/jiplp/jpac060 (accessed 31 July, 2022). See also: https://academic.oup.com/jiplp/article/17/8/613/6646536 .

AB - This article utilizes the insights gained from qualitative and quantitative studies to (a) inquire which IPRs and related rights are currently directed to quantum computing and (b) examine whether the strategic use of overlapping IPRs might lead to innovation distortions such as excessive anticompetitive effects and underuse associated with property fragmentation. The paper acknowledges the strategically decisive role that IPRs can play not only in the gobal competition for quantum supremacy, but also in translating technological advances into useful products. Yet, considering the need for healthy and competitive innovation eco-systems we also inquire the question if, and if so to what degree, IP portfolio approaches could result in inappropriate proliferations of exclusive rights, raise anticommons concerns and denote unwanted concentrations of first mover market power. It concludes by outlining potential proactive responses to mitigate these risks, while addressing the major future open and closed innovation opportunities, implications and challenges posed by quantum technology in general and quantum computing in particular.Cite as: Mauritz Kop, Mateo Aboy, Timo Minssen, Intellectual property in quantum computing and market power: a theoretical discussion and empirical analysis, Journal of Intellectual Property Law & Practice, 2022; pp 613-628, available at: https://doi.org/10.1093/jiplp/jpac060 (accessed 31 July, 2022). See also: https://academic.oup.com/jiplp/article/17/8/613/6646536 .

KW - Faculty of Law

KW - quantum technology

KW - Intellectual Property

KW - competition

KW - state secrets

KW - trade secrets

KW - sustainability

UR - https://academic.oup.com/jiplp/article/17/8/613/6646536

U2 - 10.1093/jiplp/jpac060

DO - 10.1093/jiplp/jpac060

M3 - Journal article

VL - 17

SP - 613

EP - 628

JO - Journal of Intellectual Property Law & Practice

JF - Journal of Intellectual Property Law & Practice

SN - 1747-1532

IS - 8

ER -