Features Defines fundamental doctrines used to protect intellectual property such as patents, copyrights, and trade secrets Discusses how to acquire rights to specific products and produce them without infringing on copyrights Describes existing regulatory doctrines that apply to the creation and use of nanotechnology products Explains how to apportion responsibility for harms that might be caused by nanotechnology Provides case studies and discussion questions in each chapter to illustrate theoretical concepts in a practical context
Summary 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.
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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.
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Editorial Reviews
About the Perspectives in Nanotechnology series:
For those exploring the scientific implications of nanotechnology and its impact on our society and institutions, resources are often limited to general Web sources or scientific papers and market research publications—which are thorough, but often too expensive, technical, or tedious.
Designed to engage a broad array of professionals, scientists, students, and other nano-aware individuals, this series offers authoritative, yet reader-friendly analyses without compromising depth. These concise paperback works provide unique insight into the cultural, ethical, environmental, economic, workforce development, and legal facets of the nano revolution.
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