1st Edition

Nanotechnology Legal Aspects

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

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... Read more
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.

Biography

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.