Regulating Transformative Technology in The Quantum Age: Intellectual Property, Standardization & Sustainable Innovation

作者: Mauritz Kop

DOI: 10.2139/SSRN.3653544

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摘要: The behavior of nature at the smallest scale can be strange and counterintuitive. In addition to unique physical characteristics, quantum technology has many legal aspects. this article, we first explain what entails. Next, discuss implementation areas application, including computing, sensing internet. Through an interdisciplinary lens, then focus on intellectual property (‘IP’), standardization, ethical, & social aspects (‘ELSA’) as well horizontal industry-specific regulation transformative technology. The Quantum Age raises questions. For example, which existing legislation applies technology? What types IP rights vested in components a scalable computer? Are there sufficient market-set innovation incentives for development dissemination software hardware structures? Or is need open source ecosystems, enrichment public domain even democratization Should create global safety, security interoperability standards make them mandatory each area application? way enhance artificial intelligence (‘AI’) that legal, ethical technically robust? The article argues pervasiveness asks holistic view regulatory framework, balances interests stakeholders society large. It demands agile legislative system adapt quickly changing circumstances societal needs. How policy makers realize these objectives regulate internet socially responsible manner? Regulation addresses risks proportional manner, whilst optimizing benefits cutting edge Without hindering sustainable innovation, apportionment rights, responsibilities duties care? are effects standardization certification property, competition market-entrance quantum-startups? Moreover, culturally sensitive issues play role regulations? Would it good step link governance AI hybrids Trustworthy principles? Do quantum’s different properties call additional core rules? Is wise embed our democratic values into architecture systems, by Technology Design? explores possible answers tantalizing questions. Particles energy subatomic level do not follow same rules objects detect around us everyday lives. universal, overarching guiding principles Responsible line with characteristics mechanics, advocates vertical, differentiated approach regarding (based pluralism toolkit), externalities pyramid criticality, should include definition high-risk applications). The demonstrates strategically using mixture maximize value portfolio computer’s owner, potentially leads protection perpetuity. Overlapping regimes result unlimited duration exclusive exploitation movers, being handful universities large corporations. ensuing overprotection field computing unwanted concentration market power. Overprotection information causes barriers hinders both healthy innovation. particular case slows down progress important application technology, namely computing. In general, current framework written mind. Intellectual exception -limited time scope- rule goods used common without restraint. cannot incentivize creation, prevent failure, fix winner-takes-all effects, eliminate free riding prohibit predatory time. To encourage fair correct skewness, antitrust law instrument choice. proposes solution tailored exponential pace Age, introducing shorter durations 3 10 years infused creations inventions. These terms could made applicable side things. Clarity about recommended limited -in combination compulsory licenses or fixed prized statutory licenses- encourages certainty, knowledge within domain. light, build mixes freedom (e.g. access, domain) control incentive reward mechanisms). Regulating requires synergetic relationships between legislation, government institutions. suggests products services EU elsewhere world adhere safety benchmarks, high technical, reflect values, before they qualify CE-marking eligible enter European markets. The concludes anticipating spectacular advancements now ripe governments, research institutions markets prepare strategies strike right balance safeguarding fundamental freedoms, norms standards, pursued goals rapid transfer, flow creation thriving ecosystem, encouraging incentivizing

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