Nanotech Research
Bradshaw, S., Bowyer, A., and Haufe, P., The Intellectual Property Implications of Low-Cost 3D Printing, (2010) http://www.law.ed.ac.uk/ahrc/script-ed/vol7-1/bradshaw.asp
Summary: Producing 3-dimensional objects with nanobots may raise IP issues similar to the infringement fears revolving around 3-D printers. While not widespread, 3-D printing is getting cheaper and will soon be available to smaller businesses and institutions, and one in the home. Under current IP laws, making copies of a 3-D object are probably legal in most cases, since the duplicate is easily distinguishable from the original. If the technology gets to the point where the copy is approaching an exact duplicate of the original, the best approach to protecting intellectual property under current laws is design patents, then copyright, and possibly trademark.
See also: Rundle, Michael, Pirate Bay Hosts Physical Objects - And Is Accused Of Infringing Games Workshop Copyright?, The Huffington Post, Jan. 25, 2012. (File-sharing website hosting downloadable files containing machine-readable specifications of commercially available toy for certain models of 3-D printers).
International Center
for Technology Assessment, Principles for the oversight of nanotechnologies and
nanomaterials, Feb. 18, 2008. http://nanoaction.org/nanoaction/doc/nano-02-18-08.pdf
Summary: Report put out by a coalition of public interest, environmental, and labor organizations calling for the responsible development of nanotechnology and appropriate legislation to Òsafeguard the health and safety of the public and workers; conserve our natural environment; [and] ensure public participation and democratically decided social goals. . .Ó
Chu, Yueh-ru. Reporting Requirements Under The Toxic Substances Control Act And Proposed California State Regulations, Green Technology Law and Business 2012: Strategies for Investment and IP Protection, and What Mainstream Companies Need to Know About Using CleanTech, Practising Law Institute, Feb. 24, 2012.
Summary: Recently the EPA released new guidelines
requiring the special treatment of nano-scale versions of chemicals including
special toxicity testing for Òcertain nanoclays, nanoscale aluminum
oxide, and nanotubes.Ó California
is also proposing new legislation that includes guidelines specific to
nanotechnology. Of note, statutory
definitions for Ònanostructure,Ó Ònanoscale,Ó nanoscale phenomena,Ó and
Ònanomaterial.Ó
Hall, Ralph F., Legal Issues In Nanotechnology: New Sizes
– New Issues, Indiana University School of Law. https://encrypted.google.com/url?sa=t&rct=j&q=legal%20issues%20in%20nanotechnology&source=web&cd=2&ved=0CD4QFjAB&url=http%3A%2F%2Findylaw.indiana.edu%2Fcenters%2FCLH%2Fresources%2FNanotechnology_Hall.ppt&ei=GquAT9WSJMaTiALp5PWkAw&usg=AFQjCNEfp5lVkwj7ebEoWVOC9wifbiMYoA&cad=rja
Summary: Nanoparticles may have significantly
different properties than conventional materials; they may appear to behave
chemically different due the increased surface area of the material. This has the potential to require
rewriting regulatory laws to take account for changes in conception of
definitions and concepts used to categorize and regulate materials.
Abe, Lisa K., Nanotechnology Law: The legal issues from a Canadian Perspective,
Dec. 9 2010. http://www.slideshare.net/lisaabe/nanotechnology-law-the-legal-issues
Summary: The technological differences between nanotechnology and conventional technology present problems with patentability and the traditional notions of IP classification.
Kalpin, Mark and Votaw,
James. Prepare now for future nanotech legal issues, Massachusetts High
Tech Journal, Vol. 24, Issue 48, Nov. 24, 2006.
Summary: Under the robust U.S. environmental
protection laws nanotechnology companies will have to take care to assess the
new materials with new properties that nanotech produces. Companies will also have to mitigate
risks to employees working in the production or handling of these materials.
Cornwell, David and Featherstone, Donald,
IP Issues in Nanotechnology: A view from around the world, Mar. 10, 2004.
https://encrypted.google.com/url?sa=t&rct=j&q=legal%20issues%20in%20nanotechnology&source=web&cd=6&ved=0CFsQFjAF&url=http%3A%2F%2F64.237.99.107%2Fmedia%2Fpnc%2F3%2Fmedia.343.pdf&ei=GquAT9WSJMaTiALp5PWkAw&usg=AFQjCNFmX1lS_gkfQvsYBzisJ6LSYlgggw&cad=rja
Summary: Intellectual property law in the U.S. and most of the world will not recognize as patentable a smaller version of something that already exists. The thinking is that a nano-scale device which is simply a shrunken-down version is obvious. Other IP international IP issues, while not exclusive to nanotech (like piracy, etc.) will require inventors and researchers to be mindful of differences in IP regimes in relevant markets.