1st Edition

Nanotechnology Legal Aspects

By Patrick M. Boucher Copyright 2008
    272 Pages 37 B/W Illustrations
    by CRC Press

    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
    Patentability Requirements
    Riding the Patent Office Pony
    Infringement Issues
    Nanotech Patents outside the United States
    Copyright Requirements
    Nanotech Creations as Artistic Works
    Integrated Circuit Topographies
    Trade Secrets
    What is a Trade Secret?
    Patent or Trade Secret?
    Ownership of Nanotech Intellectual Property
    The Nature of Property
    Joint Ownership
    Assignment Obligations
    Government Interests
    Delegation of Power to Agencies
    Regulatory Agencies
    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
    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
    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
    *All chapters contain Discussions at the end of each subsection and additional Notes where appropriate.


    Patrick M. Boucher

    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.