Nanotechnology Legal Aspects

Existing laws have a generality that permits them to be applied to nanotechnology, but eventually it will be necessary to generate legislation targeted to issues specific to nanotechnology. As nanotechnology continues to develop into commercially viable products, legal doctrines are increasingly likely to play an important role in protecting intellectual property, facilitating financial transactions, and handling health, safety, and environmental issues. Nanotechnology: Legal Aspects provides thorough, yet comprehensible overview of different legal doctrines that are relevant to nanotechnology and explains how they may apply in the development, commercialization, and use of nano-products. The book is divided into three parts that correspond to the different phases in the lifecycle of nano-products: Protection, Regulation, and Liability. The in-depth coverage of these topics in a single source sets this work apart from others at the interface of law and nanoscience. Accessible to those without specific training in either nanotechnology or law… Nanotechnology: Legal Aspects offers a reader-friendly and affordable alternative that appeals to nano-aware audiences as well as legal professionals, students, and scientists who wish to build a greater understanding of the legal aspects of nanotechnology.

Series Foreword Societal Implications The Books References Author Introduction Note SECTION I: PROTECTION Patents Introduction Patentability Requirements Riding the Patent Office Pony Infringement Issues Nanotech Patents outside the United States Copyrights Introduction Copyright Requirements Nanotech Creations as Artistic Works Integrated Circuit Topographies Trade Secrets What is a Trade Secret? Patent or Trade Secret? Remedies Ownership of Nanotech Intellectual Property The Nature of Property Joint Ownership Assignment Obligations Government Interests SECTION II: REGULATION Delegation of Power to Agencies Regulatory Agencies Rulemaking Use of Information by Agencies Information Quality Examples of Regulation of Nanotechnology Health and Safety Regulations Environmental Regulations Regulation of Exports Political and Judicial Control over Agency Action SECTION III: LIABILITY Introduction Should Scientists be Held Responsible for the Use of Their Creations? The Application and Civil and Criminal Laws The Importance of Context Civil Liability Application of Negligence to Nanotechnology Strict Liability for Nanotechnology Products Warranty Class Actions Nanotechnology Business Organizations Criminal Liability Crimes Using Nanotechnology Definition of Crimes Corporate Criminal Liability Example: Application of U.S. Sentencing Guidelines to Nanotechnology Crimes International Trends Prevention and Detection of Crimes Using Nanotechnology Conclusion Index *All chapters contain Discussions at the end of each subsection and additional Notes where appropriate.