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30 April 2023
Quantum technology is still in the development stages, but its potential in cryptography, materials science and drug discovery is promising. Excel V. Dyquiangco discusses the developments regarding quantum technology in India and Vietnam, including its challenges to IP protection.
Quantum computing and quantum technology have become buzzwords in the technology industry. Based on quantum mechanics principles, such as entanglement and superposition, these technologies can deal with the behaviour of matter and energy at a microscopic level. A catch-all term for all technologies based on quantum mechanics, such as quantum computing, quantum cryptography, quantum sensors and quantum communication, quantum technology entails applying quantum mechanics principles to tasks that would be impossible or extremely difficult to complete using traditional methods.
Unlike classical computing, which uses binary digits (bits) to store and process information, quantum computing uses quantum bits (qubits) to perform calculations. This enables quantum computers to solve problems that classical computers cannot, such as simulating complex chemical reactions and optimizing logistics systems.
However, quantum computers are still in their early stages of development and are not yet capable of solving all types of problems. But the potential advantages of quantum computing make it an exciting area of research and development, with the potential to revolutionize fields such as cryptography, materials science and drug discovery.
Quantum computing in India and Vietnam
India does not have a law that specifically governs quantum technology. However, there are initiatives from the government such as the Quantum-Enabled Science & Technology (QuEST) programme, the National Mission for Quantum Technologies and Applications (NM-QTA), the establishment of the Quantum Communication Lab and the development of a Quantum Key Distribution (QKD) solution that are all positive steps towards achieving India’s goal of becoming a global hub for quantum technology.
In recent years, India has made significant strides in quantum technology. In 2018, the Department of Science and Technology launched the QuEST program with an investment of Rs800 million (US$9.7 million) over three years to accelerate research. In 2020, the finance minister announced the NM-QTA with a total outlay of Rs80 billion (US$966 million) over five years to strengthen the quantum industry in India. This mission aims to establish India as a global hub for quantum technology and focuses on areas such as quantum communication, quantum computing and quantum sensing.
In October 2021, India inaugurated the Quantum Communication Lab at the Centre for Development of Telematics (C-DoT) and unveiled an indigenously-developed QKD solution. This significant development is a step towards secure communication using quantum technology.
Similar to India, Vietnam has yet to have any specific laws governing quantum technology and quantum computing in detail. Current laws that may apply to quantum technology would depend on the specific area of law involved.
For example, intellectual property law may be relevant to the protection and licensing of quantum computing and quantum cryptography-related inventions and technologies. To be more specific, inventions and discoveries made with quantum technology can be patented. Meanwhile, original works of authorship related to quantum technology, including software source code and firmware components, are entitled to copyright protection once fixed in a tangible form.
As quantum technology can relate to any tech application, such as data protection and privacy, certain tech-natured laws and regulations in Vietnam may govern matters related to or generated by quantum technology, such as the Law on Cybersecurity, the Law on Cyberinformation Security, the Law on High Technologies and, most recently, the Decree on Personal Data Protection. Consider the Cybersecurity Law, which governs cybersecurity activities such as critical information infrastructure protection and cyberattack prevention, as it could be relevant in terms of using quantum cryptography for secure communication and data protection.
Protecting IP rights with quantum computing
Naturally, protecting IP rights is crucial with quantum computing. It helps to safeguard innovative and creative ideas and promotes fair competition through commercialization. Patents are used to protect new and unique inventions related to quantum computing. This can give the patent holder a competitive advantage by preventing others from using, making or selling the patented technology without permission. Trade secrets, on the other hand, can protect confidential information related to quantum computing, such as algorithms and software. Copyrights can safeguard original works of authorship related to quantum computing, such as technical documentation or training materials, and trademarks can protect the names, logos and other identifying marks related to quantum computing.
Mudit Kaushik, partner, Verum Legal, Delhi
Mudit Kaushik, a partner at Verum Legal in Delhi, said: “Protecting these IP rights can encourage innovators and companies to invest in research and development, leading to new products and services. However, balancing IP rights with other policy considerations like open access to scientific research, public health and safety, and consumer protection is essential. Policy-makers and governments need to develop policies that strike a balance between these interests.”
He gives specific pointers to go about this::
• Research. Before filing a patent application, conduct a thorough search of existing patents to ensure that your invention is unique and not already patented.
• File a patent application. This should describe your invention in detail and highlight its unique features. You can enlist the help of a qualified patent attorney to ensure that your application meets the requirements for patentability.
• Protect your trade secrets. Implement confidentiality agreements, restrict access to proprietary information and consider cybersecurity measures to prevent unauthorized access or theft.
• Register trademarks related to your quantum technology, such as product names, logos and branding. This can help prevent others from using similar marks and build brand recognition and consumer trust.
• Monitor the marketplace for infringement. Conduct regular patent searches, monitor competitor activities, and work with legal counsel to enforce IP rights if necessary.
“By creating and protecting your quantum IP, you can gain a competitive edge and leverage your innovations to develop new products and services,” he said.
Thi Kieu Hoa Tran, special counsel, Baker McKenzie, Hanoi
Thi Kieu Hoa Tran, special counsel at Baker McKenzie in Hanoi, meanwhile, added: “With IP rights protection granted for quantum computing technology, they can help incentivize innovation and creativity, maximize scientific and technological breakthroughs, encourage the disclosure of individual and corporate creations and inventions, and promote scientific and technological progress and fair competition through the commercialization of these technologies.”
Risks and challenges
Kaushik said that although quantum technology is an exciting new field with enormous potential, it also poses some unique risks and challenges to IP protection. One risk is the potential to break commonly used encryption methods, which could undermine cybersecurity and affect a variety of industries. Researchers are working on new encryption methods and secure communication networks to address this issue.
Another concern, he added, is the risk of patent trolls acquiring broad patents related to quantum computing and using them to extract licensing fees from legitimate innovators. To prevent this, governments and industries are exploring defensive patent strategies to protect against overly broad patents and encourage innovation.
IP protection could also hinder the development of scientific research related to quantum computing, which could limit the progress and benefits of the technology, according to Kaushik. Some researchers and organizations are already promoting open-access policies that encourage sharing scientific data and findings to address this potential issue.
“Balancing the need for IP protection with the public interest is crucial. Governments, industry and researchers must work together to develop policies that address these risks and challenges fairly and proportionately,” he said. “By doing so, we can encourage innovation, competition and progress in this exciting new field while still protecting valuable intellectual property.”
In addition, Tran said another risk is the possibility of overprotecting IP related to quantum technology. “For example, quantum sensing, quantum simulation and the quantum internet are expected to be in the public domain and subject to net neutrality,” she said. “However, the components that enable these technologies to function could be protected by IP laws, leading to a range of rights that may stifle innovation. With the current legal frameworks applying to quantum technology, there is a high possibility of IP overprotection.”
As quantum technology is rapidly advancing, it may be difficult to keep IP protected at the same pace. Patents and existing IP rights may not be sufficient to protect emerging quantum technologies, leading to an increased focus on patent races and potential IP litigation. This could impede collaboration and delay further advancements in the field. Additionally, the complexity of quantum technology makes it challenging to draft patent claims, as they often involve abstract concepts, mathematical algorithms and uncertainty principles.
“To address these risks and challenges, we must strike a balance between protecting IP rights and fostering innovation while promoting accessibility and safeguarding the public interest,” said Tran. “This involves considering the appropriate level of IP protection and the rationales behind IP laws related to quantum technology. Lawmakers and policy-makers should establish specific guidelines and regulations for quantum technology patents, quantum-resistant encryption methods and other security measures to protect IP assets, while also facilitating access to quantum technologies and their applications for public use. The aim should be to assert a balance between proprietary rights and technology sharing, taking into consideration the greater good.”
The future of quantum technology
The rise of technology is often seen as amazing and unexpected. Quantum technology is predicted to bring major advancements in computing, cryptography and communication. Along with artificial intelligence and machine learning, quantum computing is expected to help improve and promote these cutting-edge technologies. Investment in quantum technology is expected to skyrocket in the coming years.
In Vietnam, the list of high technologies prioritized for development investment is contained in certain prime ministerial decisions, such as Decision No. 38/2020/QD-TTg approving the list of high technologies prioritized for development investment and the list of hi-tech products encouraged for development. This includes quantum technology, artificial intelligence, the Internet of Things, big data, blockchain and other technologies.
Furthermore, Decision No. 569/QD-TTg, which promulgated the 2030 strategy for the development of science, technology and innovation, stated that the mission for developing information and communication technology is, among other things, to research and master quantum technology.
“Overall, quantum technology, along with other major technological breakthroughs, is expected to have a significant impact soon,” said Tran. “It has the potential to transform industries as diverse as cryptography, pharmaceuticals and finance, just to name a few. However, as with any new technology, there will be legal and regulatory considerations to consider. Businesses and individuals must keep up to date with the changing legal and regulatory landscape surrounding quantum technology.”
Kaushik agrees. He also stated some of the areas where quantum technology is expected to have a major impact:
• Quantum computing: Quantum computing can solve complex problems and perform calculations that classical computers cannot. It can also revolutionize industries like finance, logistics, and drug discovery by enabling faster and more accurate simulations and analysis.
• Quantum communication: Quantum communication technologies, such as quantum key distribution, can improve cybersecurity and protect sensitive information. These technologies are already used to secure government and military communications and are expected to become more widespread in the future.
• Quantum sensing: Quantum sensing technologies, such as quantum magnetometers and quantum gravimeters, enable more precise measurements and could have a significant impact on industries like geology, mineral exploration, and oil and gas.
• Quantum cryptography: Quantum cryptography is a form of encryption that provides higher security than classical cryptography and is resistant to attacks from quantum computers. Similar to quantum communications, it is also expected to become more widely used in the future.
“The possibilities of quantum technology are endless and exciting, and as it continues to evolve and develop, we can expect to see it transform many more industries and bring about new innovations,” he said.
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