Oil And Energy Industry In UAE

Oil And Energy Industry In UAE The UAE is a rich source of natural resources and it has substantially developed itself as a major player in the oil and gas industry. UAE is one of the member countries of OPEC and has been given a remarkable position in oil and gas industry all over the world by having 10% holding of total oil reserves of the world in the federation (Hellyer). The central theme of the report is to analyze the oil and gas industry of UAE country so as to analyze the contribution and impact of oil and gas industry to the GDP and economic development. Fundamentals of the Oil and Energy Industry: Historical Development of the Oil Sector around the World: The UAE is a member of the OPEC since 1967 and holds superior position in terms of the oil and gas industry with the federation holding of 10% of the total oil reserves of the world. The future holds lucrative prospects in the natural gas sector as it would cater to the manufacturing industry, generation of power and petrochemical industry by providing a source of fuel. Abu Dhabi and Dubai are the two prominent emirates responsible for the success and growth of the oil and energy sector in the U.A.E. (Energy and UAE) Importance of Oil in the UAE: The UAE is essentially an imperative provider of oil to global energy markets, by making around 10% of the overall global supply of crude oil reserves. In terms of oil exports, UAE accounts for nearly 30% of its gross domestic product becoming a mainstay in the economy. Also, UAE is emerging as a relevant consumer of energy in addition to being an important global supplier of energy. The UAE will continue to maintain its long convention of being responsible energy stewardship owing to its diversification and development of economy; acceleration of growth of additional hydrocarbon reserves and contributing significantly towards the implementation and development of other alternative sources of energy (The UAE and Global Oil Supply). Production and Reserves: Production: S.No Particulars Capacity (2011) Oil Production 3,096.34 (Thousand Barrels Per Day) Crude Oil Production 2,687.67 (Thousand Barrels Per Day) Natural Gas Production 1,811 (Billion Cubic Feet) Electricity Production 81.08 (Billion Kilowatt-hours) Source: http://www.eia.gov/countries/country-data.cfm?fips=tc Reserves: S.No Particulars Capacity (2011) 1. Oil proved reserves 97.8 (Billion Barrels) 2. Natural gas proved reserves 214 (Trillion Cubic feet) Source: http://www.eia.gov/countries/country-data.cfm?fips=tc OPEC: Background of OPEC: The Oil Producing Exporting Countries (OPEC) has been established with the sole purpose of stabilizing the prices of oil in the member countries and also to impose quotas so as to prevent the wrong and over usage of natural resources which result to their extinction sooner than expectation. As per the current information, OPECà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s combined reserves accounts for 1190 billion barrels of oil. According to the 2008 agreement, the production cut was imposed on the existing quota and continuing to till now. Facts reveal that the OPEC countries produce 2 million barrels a day in excess of the permitted capacity of 24.845 million barrels per day(Alternative Energy Sources Synthetic Fuels Renewable Energy). Source: (OPEC share of world crude oil reserves) Effectiveness of OPEC in achieving its Objectives: OPEC was primarily formed to keep a check on the oil prices and bridging the gap of demand and supply in the global oil market. But still the quota implementations are not followed by various countries resulting in the production of oil more than the permitted quota. According to the claims of OPEC, the fluctuation in the prices is not due to the changes in demand and supply but due to the overproduction oil other than the allotted quotas (Sousa). OPEC and Oil prices in the last 4-5 years: The following figure shows the fluctuations in the global oil prices with the adherence of OPEC rules associated with oil production: http://gailtheactuary.files.wordpress.com/2012/02/world-oil-supply-and-brent-oil-price.png Source: (Why oil prices are so high: Production shortfall, Iran concerns, and low interest rates) OPEC Quota and how it has changed over time: The OPEC quota for the production of oil for UAE is 2.23 million barrels per day. It had joined OPEC in 1967 and is the Full Member country. It produces 2798000 barrels of oil and exports 3.32% of oil in all over the world. It is ranked as the 6th largest country for the oil reserves in the world. The OPEC aims at providing the stabilization of the price of oil as regards the member countries and also the imposition of quotas as will prevent overuse of the resources which could lead to finishing up of oil reserves sooner than expected. OPEC decides the production quotas for its member countries as per the global requirement of oil which could be changed by the OPEC as per the strategic decisions pertaining to conservation, preservation, demand and supply of the oil globally (Sousa) . Source: (Sousa) Role and the influence of the UAE within OPEC: UAE become the member of OPEC countries in 1967 and acts as an active member since 1974. Since then it act as a major contributor of oil and gas industry among OPEC members. It provides the constant source of oil to the consumers of OPEC by providing approximate 2.3 million barrels of oil per day. In addition to the supply of traditional sources of energy, UAE also contributes to provide new alternatives of energy through substantial development. (UAE contributes to global energy sector: OPEC) Effect of a quota cut by OPEC: The quota cut by OPEC will affect recovery of economy in the global market. As per the evidences, the quotas cut is not helping in controlling the price issues of the oil and gas industry rather it is increasing the problem as countries tends to produce oil other than the permitted quota. The hikes in the prices of oil will increase the prices of other commodities resulting increase the rate of inflation and slowing down the economic development. (Pirog) Analysis: According to the data obtained from the Journal of Oil and Gas, the UAE is an important producer of oil, holding significantly seventh position in terms of proven resources globally. The UAE has been able to sustain its global reserves owing to the advanced enhanced oil recovery technology, EOR being implemented that leads to increase in extraction rates of several major projects in oil sector. The technology combines with high oil prices eventually to make reserves more commercially viable (United Arab Emirates Energy Data, Statistics and Analysis) The policies and procedures of oil in the UAE is primarily carried out by the government under the flagship of the Supreme Petroleum Council, through ADNOC operating at every level of oil and energy sector in UAE. The government has pushed back several its plans to increase capacity in order to increase the production capacity of crude oil (United Arab Emirates Energy Data, Statistics and Analysis). UAE economy, underpinned by its wealth in oil, has recorded a steady growth over the last couple of years. In terms of oil GDP, the figures have doubled from AED 387.8 billion to AED 934.3 in last assessment year. Recent Development in Oil Sector of UAE: With the advent of Habshan-Al-Fujairah pipeline for the purpose of carrying oil from oil fields of Abu Dhabi to the exporting port has been essentially proved as a strategic and economic advantage for the overall sector of the country. The pipeline extending 350 kilometers from oil fields and with this the country will be able to export 1.5 million oil barrels in a single day. (Asoomi) Alternatives to Oil Industry: Keeping in mind the limited availability of fossil fuels and to prevent its overuse to meet the worldà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s growing energy demands, various alternatives to energy sources have been identified. Unconventional alternatives Liquefied Natural Gas (LNG) is the upcoming form of natural gas which provides an excellent alternative to conventional natural gas usage. GTL is not only a beneficial alternative but is also environment friendly as there are no harmful emissions on its combustion. Oil sands also provide a source of the extraction of oil from it and its use is significantly increasing with time. The only limiting factor is the increasing cost of setting up the required infrastructure and cost of mining and extraction of oil from it. However the oil sands are accompanied by noxious fumes which are contributing to the global warming issue (Alternative Energy Sources Synthetic Fuels Renewable Energy). Bio-fuels have been the outcome of recent developments in scientific researches. In this the organic matter is used to derive hydrocarbon based fuels such as Biodiesel, ethanol, etc. The conventional sources of energy include solar, wind and hydro energy all of which are renewable and 100% environment friendly. (Alternative Energy Sources Synthetic Fuels Renewable Energy) . Recent Developments: UAE has been involved in many new projects including increase in crude oil production to 4 million barrels per day by 2020. This would results to the increase in 40% from current capacity. The major upcoming projects include Bourouge complex expansion projects and the Habshan Gas Complex Expansion. UAE is planning to invest $ 6 billion to develop the infrastructure of oil and gas industry. Abu Dhabi government is planning to invest $ 20 billion in Masdar to develop alternative energy resources to oil and gas industry. (Oil Gas Directory Middle East) Future Scenarios: Future plans of the OPEC and the UAE Oil sector and their effect on the Economy: To promote fair and stable oil prices and strategies of capacity expansion. To examine the technological, economical, political growth and development pertaining to the oil energy and other important sectors. To encourage the oil consuming nations for the enhancement of investment associated with downstream sector. To promote the technological development in order to addressing the issues pertaining to the climate changes. To minimize the bad impact of environmental issues on the developing countries which exporting fossil-fuel (OPEC Long-Term Strategy). Impact of Oil and Non-Oil Alternatives on the future of the UAE: Oil sector is one of the essential components contributing towards the countryà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s economy with special economic consequence on rate of inflation, consumer spending and eventually auto sales of the country. The boom in the oil sector is bringing a gradual shift from trading and fishing to oil sector, making UAE depending heavily on petroleum and crude oil as a main source of foreign exchange earnings. The real output growth of the country is increasing owing to the rising hydrocarbon production and other non oil sectors, especially trade, logistics and services eventually bearing a relative economic growth revival. Recommendations: It is recommended to grab the opportunity from joint ventures to develop the sources not only in Dubai but also all over the UAE. Need to pay attention to other prevailing sectors such as banking, real state, telecom and aviation in order to increase the GDP and economic development. Identification of better source of material and labor should so as invest in major projects along with the implementation of Green initiatives Conclusion: Oil and Energy is a certainly a very important sector of the world that nourishes and contributes as a largest part to the GDP of the country. The production of oil leads to the production of various by-products and therefore the oil producing and exporting companies in UAE earns great revenue. At the same time, country earns most of its export earnings from oil and gas sector. On the other hand, due to emergence of other non oil sectors and slow economic growth, the sector is now facing several challenges including the challenge of diversification and privatization.

European Perspective on Nanotechnology Patents

European Perspective on Nanotechnology Patents An Overview of Nanotechnology Patents: A European Perspective The future world will to a large extent consist of a knowledge based society. Intellectual property (IP) will play an important role in generating wealth and employment in that society. A general rule is that the more developed a country is the more stricter and secure for IP and strict to uphold the IPR. IP assets have become between 50 and 70 percent of the gross domestic products of a developed country.[1] In that sense it can be said that IP has become one of the most important assets of knowledge based economies.[2] Creativity is essential to economic growth.[3] It is feared that the development of new technologies and thereby the progress of societies will be halted without the presence of intellectual property rights (IPR). IPRs encourage the development of new technologies. IPRs aim at creating a harmonious relationship among investors, inventors and consumers. Patent rights are one of the important branches of IPR. The ultimate goal of patent rights is to promote invention a nd encourage further development of that invention for the benefit of society. Before going into an in-depth discussion on nanotechnology patents, it will be wise to discuss patent rights. The main aim of patent rights is to protect technological inventions.[4] Patents can be seen as the outcome indicators of applied research and technological advancement.[5] A patent protects novel and non-obvious ideas and not mere the expressions of those ideas.[6] The patent system is meant to protect technology, actual machines, devices and new chemical, biotechnological/nanotechnological compositions rather than pure concepts.[7] The main of the system is to promote the continuation of intellectual community[8] and industrial and technological development. Generally a patent may be defined as the exclusive right granted by statute to a party who conceives or discovers a non obvious and novel invention, to use and develop that invention, to prevent others from manufacturing, selling or using the invention for a limited time, which depends on the inventions and jurisdictions. Patent terms are typically from 14 to 20 years.[9] The applicant of a patent must show that the invention is eligible subject matter, novel, having industrial application or utility, inventive step and non-obviousness i.e. that the invention is not obvious to a skilled person in the field with ordinary knowledge and lastly adequate disclosure. Its not enough that an invention is new for a company or in a definite country. The described invention must be new in the international context.[10] Patent is very important in the intellectual and scientific community because of it relate to their reputation and to enrich their resume. In the sense of commercial sector, it i s important because it creates barriers to entry into the market.[11] The emergence of a new and pioneer technology creates issues and possibilities in perfecting IP rights.[12] Like other present technologies, nanotechnology isnt merely a part of a distant future, but is also a significant technology today.[13] Its obvious that nanotechnology will be one of the essential technologies of the 21st century which have enough potentiality to create new markets and prosperity.[14] Nanotechnologies are treated not as a standalone topic, but as a potential and important approach to develop new materials and accomplishment new properties. Their potential for characterizing and building up nano-structure will meet future goals in nearly all sectors. Nanotechnologies have the merit of joining together chemists, physicists, biologists, medical doctors, sociologists, etc. It has been held that nanotechnology will be one of the largest sectors of economic growth of world in the foreseeable future.[15] Such technology will be used in a wide range of products from mi litary weapons to clothing.[16] Many multinational companies have already invested huge amounts in the field of nanotechnology. The nano-world is full of surprise and potential.[17] As its a nascent technology, it may pose problems and opportunities for IP regimes.[18] Nanotechnology patents are not treated differently than other patents but it is true that more complex technology creates more complex problem within the patent system. It may be the next legal challenge in the field of IPR. Although early predictions for nanotechnology commercialization are encouraging, however, there are formidable challenges that include legal, environmental, ethical and regulatory questions, as well as emerging thickets of overlapping patent claims. The rapid technological development of nanotechnology will challenge the traditional regulatory system in patent law.[19] Another problem will arise to classify the nanotechnology because advanced nano-products may suit into different categories simultaneously.[20] One thing is certain, however, nanotechnology is here to stay and will generate both evolutionary as well as revolutionary products in the future, thereby improving all sectors of our life.[21] The impact of nanotechnology on our way of life is widely belie ved to reach profound and hitherto unimagined levels in the coming decades.[22] Nanotechnology is just passing its early stage in the field of science and very little development has occurred in the legal arena on nanotech. In this thesis, I will focus on legal sides of nanotechnology patents. My overall point of discussion is legal rather than technical. The first part of the thesis will contain a general overview of nanotechnology from a scientific view point, different governmental and non-governmental organizations approach as well as the importance of nanotechnology from other general aspects. In the second part of the thesis, the relationship between nanotechnology and IPR will be discussed. The third part of the thesis addresses the possibility of patenting nanotechnology inventions. This part also contains a brief description on EU policy towards nanotechnology patents. Finally, the future legal challenges which may face legal experts in the IP field regarding the patenting of nanotechnology products are analyzed. 1. What is Nanotechnology: Technological and theoretical improvements have moved us to the place where our knowledge of atomic construction and behavior has significantly improved.[23] This advancement enables human to enter the age of nanotechnology.[24] Nanotechnology is mainly consists of ‘nano- materials- e.g. carbon nano-tubes, fullerenes, nano-particles, quantum dots, dendrimers, nano-crystalline diamonds, nano-wires, etc.[25] According to Eric Drexler, a nano-optimist, nanotechnology can change the world in the way that the steam engine did.[26] A proper definition is very important in a field of science and technology, not least for patents.[27] It is very important to define nanotechnology from a legal point of view. The world of nanotechnology is a world of individual atoms and molecules.[28] Its the science to study and use of the unique characteristics of materials at nano-scale.[29] A precise definition of ‘nanotechnology in law and science is yet to be decided. It encompasses many dif ferent concepts and fields simultaneously, which is a difficult task. Even scientists in the field maintain that it â€Å"depends on whom you ask.†[30] Many experts and different governmental institutions have tried to define the concept of nanotechnology. Generally ‘nanotechnology seems to refer to very small science.[31] ‘Technology derives from the Greek tekhne, which means ‘skill or ‘discipline and ‘logos which means ‘speech.[32] ‘Nano comes from the Latin word for ‘dwarf, but today the prefix is more known to denote one billionth (i.e. one billionth of a metre).[33] Therefore nanotechnology could mean the discipline of assembly at the nanometer scale or in other words, molecular assemblage and mass molecular production.[34] Nanotechnology is an umbrella term used to define the properties or products and process at the nano/micro scale that have resulted from the convergence of the physical, chemical and life science.[35] EPO[36] defines ‘nanotechnology as follows: The term nanotechnology covers entities with a controlled geometrical size of at least one functional component below 100 nano-metres in one or more dimensions susceptible of making physical, chemical or biological effects available which are intrinsic to that size. It covers equipment and methods for controlled analysis, manipulation, processing, fabrication or measurement with a precision below 100 nano-metres. The U.S. ‘National Nanotechnology Initiative (NNI) predicted in a report issued by the U.S. Department of Energys Office of Basic Energy Sciences, the near term benefits of the developments of this new technology. The White House Office of Management and Budget devised a broader, more functional definition for nanotechnology. It defines Nanotechnology as : research and technology development at the atomic, molecular or macromolecular levels in the length scale of approximately 1-100 nano-meter range, to provide a fundamental understanding of the phenomena and materials properties at the nano-scale and to model, create, characterize, manipulate and use structures, device and systems that have novel properties and functions because of their small or intermediate size.[37] Nobel laureate Richard Smalley defines nanotechnology as ‘the art and science of building stuff that does stuff on the nano-meter scale. Eric Drexler defines nanotechnology as â€Å"engineering in the molecular scale†.[38] Some legal expert characterizes it â€Å"as the skillful management of matter at the scale of one billionth of a meter or smaller†.[39] The US Nanotechnology Act[40] defines nanotechnology as the science and technology that will enable one to understand measure, manipulate, and manufacture at the atomic, molecular, and supra-molecular levels.[41] Although nanotechnology encompasses many different types of concepts, it can be said generally that nanotechnology is a science to manipulation of matter or things at the scale of nano-meter.[42] Nanotechnology covers several established domains and technologies, with the exact definition of what are nanotechnology still being debated.[43] 1.1 Why is nanotechnology important? Nanotechnology is important in many senses. Nanotechnology will certainly change the nature of almost every human made object in the next century and will reshape out interaction with the surrounding world.[44] It covers a multiple fields of science and will create a vital opportunity in the future world. In the view of transformational impact, its a simple fact that it gives us a set of tools that make us enable to transform the world at a far smaller scale than was ever available to us before.[45] Nanotechnology enables us to change the structure of many different fields by giving us opportunity to access a realm where many of the old rules associated with matter apply no more.[46] Nanotechnology attracts a considerable amount of attention because it gives us opportunity to access to radically different capabilities with wide range of materials, even though we have been using those materials for many years. Nanotechnology will give rise to a wealth of new materials and manufacturin g possibilities, which will cause a great impact on our future economy, environment and society. Nest I will address some fields where the application of nanotechnology will have an important impact: Economic Impact: Many economists predict that nanotechnology will be the next economic turning point in the global economy. It may be the issue of every economic sector as it encompasses a large and diverse field. In nearly every economic sector such as health and medicine, materials, computing and electronics, military weapons, environment, energy, transportation and virtually every other commercial sector nanotechnology will play a great role in coming decades considering its numerous fields of applications. Nanotechnology has attracted the worldwide companies vastly. As of 2004, 1500 companies worldwide have declared their plans on nanotechnology research and development and of these 80% were newly startup companies.[47] The U.S. National Science has presumed that the world market for nanotechnology will reach 1 trillion USD or more within 20 years.[48] According to Lux Research, within next ten years nanotechnology applications will affect nearly every type of manufactured goods.[49] The EU recog nized nanotechnology as an important element for the benefit of its citizens. In 2007 the European Commission allocated EUR 600 million for nanotechnology research and development.[50] The former president of the United States, George W. Bush signed the 21st Century Nanotechnology Research and Development Act[51] on December 3, 2004 authorizing approximately $3.7 billion in federal funding for the development and research of nanotechnology over the next four years.[52] According to Mike Honda, California House Representative and co-drafter of the original Nanotechnology Act, the worldwide market for nanotechnology products and services could reach $ 1 trillion by 2015.[53] Nanotechnology in food security, environmental and public health issues: Nanotechnology will have a great impact on food security and environmental issues. In September 2003, the United States Department of Agriculture published its roadmap and in that report the Department predicted that nanotechnology will change the appearance of food industry, changing the way food is produced, processed, packaged, transported and consumed.[54] Helmuth Kaiser Consultancy predicts that the market of nano-food will rise from 2.6 billion USD to 20.4 billion USD by 2010.[55] Nanotechnology is capable of changing the agriculture and food industry with e.g. new tools for the molecular treatment of disease, speedy disease detection, raising the ability of plants to absorb nutrients etc..[56] Intelligent sensors and small delivery systems will help the agricultural industry combat viruses and other crop disease producing agents.[57] There is strong possibility that in the near future nano-structured catalysts will be available which will enhance the competency of pesticides a nd herbicides, allowing lower doses to be used. In CEA (Controlled Environment Agriculture), nano-technological devices providing ‘scouting capabilities could enormously improve the growers ability to determine the suitable time of harvest for the crop.[58] Another important role for nanotechnology-enabled devices will be the increased use of automatic sensors linked into a GPS system for real-time monitoring. These nano-sensors could be fixed throughout the field where they can monitor soil conditions and crop growth.[59] Wireless sensors are already being used in specific parts of the US and Australia. Nanotechnology can help us to improve our understanding of the biology of different crops and thus potentially increase yields or nutritional values.[60] Nanotechnology has also potential to save our environment indirectly through the use of renewable energy supplies, and filters or catalysts to control environment pollution and clean-up existing pollutants.[61] Nanotechnology can also be used to clean ground water. The US Company Argonide uses 2nm diameter aluminum oxide nano-fibres (Nano-cream) as an element of water purifier. This nano-level filtration system helps to remove viruses, bacteria and protozoan cysts from water. Developing countries like India and South Africa are also running similar projects using the same technique.[62] Research at the Centre for Biological and Environmental Nanotechnology (CBEN) has shown that nano-scale iron oxide particles are tremendously effective at binding and removing arsenic from groundwater,[63] which will play a great role especially in the developing countries where environmental pollution is an important factor. The development of nano-technological based remediation techniques can resto re and clean-up environmental injury and pollution (e.g. oil in water or soil).[64] Most of the opposition to nanotechnology has been targeted on the long term risks connected with self-replicating nano-robots. Some environmental groups, e.g. the Action Group On Erosion, Technology and Concentration (ETC) predicts that nano-materials may cause harm to human health and environment. Moreover the group urges to ban the production of nano-materials.[65] Besides these, some experts feel worried about impact of nano-particles in the environment and predict that some nano-elements will also be harmful for the environment and suggest that there must be a risk assessment authority for nano-particles. Nanotechnology in the medical sector: Nanotechnology is a technology which has vast possibilities in the development of health and medical treatment.[66] Medical science has made big advances in understanding the structure and functions of living organisms down to the genetic level. Nanotechnology created the opportunity to apply that knowledge significantly more perfect to the diagnosis and treatment of illness and injuries than in the traditional way.[67] Nanotechnology applications in medicine are growing significant interest, which can be labeled as ‘nano-medicine. ‘Nano-medicine can be defined as the medical application of nanotechnology that will have potential to lead to useful research tools, advanced drug delivery systems and new ways to combat disease or repair injured tissues and cells.[68] The advancement of nano-medicine may result in more significant interventions in respect of illness.[69] Nano-medicine is capable of prevention, early and accurate diagnosis and treatment of different diseases.[ 70] The experts on physical science predict that in future nanotechnology will apply to surgery and to cure different complex diseases in human body. Nanotechnology in military weapons: The first wave of nanotechnology will primarily be used in the military for state security related purposes.[71] Many nanotechnology experts presume that in many states have already taken lots of initiatives in their military sectors and given top priority to research in making nanotechnology weapons and its potentiality at the time of war and other military uses. It should be remembered that the Internet, computer and other land marking inventions of the last century were also military projects and now these inventions have changed the world in every sector and are being used for the welfare of mankind. The ultimate question comes down to whether the good outweigh the bad with respect to the utilization of this technology in this domain.[72] Nanotechnology in Information Technology (IT): Nanotechnology has enough potential for creating faster computers with larger memories than the present transistors and other components permit.[73] Carbon nano-tubes will also be used in IT. These tubes could be either conducting or semiconducting and have the potential for memory and storage as well. By using nanotechnology, computer tools will be cheaper than today and will create a sustainable IT sector. Without doubt nanotechnology will vastly affect the IT sector in the future. 1.2 EU policy for nanotechnology: Presently nanotechnologies strengthen many useful and practical applications and have huge possibilities to improve the quality of life and protection of environment and accelerate Europes industrial competition.[74] The European Commission has taken several steps to take nanotechnology research benefits for the development of the EU[75]. The EU is proceeding toward a collective and correlated strategy for nanotechnology research and development.[76] The Commission has not yet adopted any broad and specific public policy for nanotechnology but has adopted a strategy plan for the allocation of significant resources for supporting nanotechnology research and development.[77] But this strategy has yet not been turned into any formal legislation and/or regulation.[78] On June 7, 2005 the European Commission passed an Action Plan for the implementation of a strategy for European nano-science and nanotechnology development.[79] This action plan is not obligatory by law and in apparently it is simply a declaration and a step towards regulating nanotechnology further. In this action plan, the importance of research and examining the future impact of nano-science and nanotechnology is emphasised. The Commission have divided the Action Plan into five steps: Promote RD in the Europe: In this phase, the Commission recognized that by collaborating with public and private sectors across Europe for the research and development of nanotechnology, an interdisciplinary initiative is necessary. In 2007-2008, the Commission invested EUR 2.5 billion under the Research Framework Programme and before that in 2003-2006 EUR 1.4 billion had been invested.[80] As nanotechnologies have multidisciplinary character, the Research and Development (RD) projects have taken in different industrial sectors such as health, food, energy, transport, environment, etc.[81] Frame a base of European â€Å"Poles of Excellence†: This phases main aim is to build up poles of excellence into present structures for establishing highly-presentable world class poles in the area of nanotechnology by providing necessary services to the research community.[82] State of art equipment and instrumentation is day by day a challenge for the development of nanotechnology and to establish whether RD is enabling to transform into capable of being wealth rendering product and process.[83] The Commission is giving support continuously by funding access to present facilities and creating new facilities, which have led to ‘durable integration in the form of new institutes and virtual infrastructure such as the European Theoretical Spectroscopy Facility (ETSF).[84] Investing in human resources: The purpose of this axis is to conforming European educational system to the specifies of nanotechnology in the higher level studies which also cover legal technical subjects such as patenting nanotechnology and encourage the young people in the EU to nanotech studies and research.[85] Actually the development of nanotechnology mainly depends upon the skilled manpower and interdisciplinary actions. The main aim of this phase is to transform the nanotech knowledge from academy to industry.[86] Patronizing the transformation of knowledge into Industrial Applications: In this phase the Commissions strategy and its Action Plan pointed to two issues connected to IP: Patents and Standardization.[87] In respect of patents, the Commissions Action Plan advocates to establish a patent monitoring system for nanotechnology and to harmonize the patent prosecution system especially ‘sufficiency of disclosure and ‘inventive step, (which are crucial in case of nanotechnology patents) among the leading patent offices in the world such as the European Patent Office (EPO), the US Patent and Trademarks Office (USPTO) and the Japan Patent Office.[88] Concerning standardization, the Commission encourages pre-normative research and development in combined actions with the activities of European Standard Bodies.[89] Integrate the Social Dimension: The purpose of this phase is to recall an EU strategy about ethical principles in respect of health, safety and environmental aspects in the development of nanotechnology and making a transparent approach by open dialogues with E.U. citizens and stakeholders.[90] The Commission has taken several actions to reflect the peoples expectations and take their views into account.[91] In February 2008, EC passed a recommendation of ‘Code of conduct for responsible nano-science and nano-technologies research which gives guidelines towards a responsible and open approach.[92] Every proposal considered for funding by the Commission must meet the requirements of ethical issues.[93] The Commission is also giving efforts to increase researchers awareness to the Code of Conduct on nanotechnology research. Actually the Commission seeks the nanotechnology research to reflect and comply with the basic ethical values described in the core European Agreements such as ‘the European Charter of Fundamental Rights. 2.0 Relationship between Nanotechnology and IP: IPRs play a significance role in the development of new technologies. IPRs are essential in the present technology-driven age.[94] For an international perspective, nanotechnology is presently one of the most effective new technologies, in terms of number of patent applications.[95] Moreover, competitors in the nascent nanotechnology industries employ trade secrets legislation to supplement their control over key technology and expertise. In spite of being less directly involved in the nanotechnology industry, copyright and trademark legislation are also affect competitors in nanotechnology markets as the companies use computer software for nanotechnology research and development. Moreover, companies are also active to give their products commercial identification and trademark is playing a great role in that respect. IP law yields the primary regulatory vehicle by which ownership, control and use of nanotechnology are managed. The basic purpose of IP law is to facilitate for creators or inventors and encourage continuation of further development and creation. Thus IP law plays an influential role in a new and highly divergent functioning field of research and development like nanotechnology.[96] IP law also plays an important role in the integration of nanotechnology development into commercial applications.[97] The next part investigates how nanotechnology is related to IPRs. Patent: Patent law give legal rights to inventors. For a patent right to be granted certain criteria should be fulfilled such as eligible subject matter, inventive step, novelty and usefulness or industrial application and lastly sufficient disclosure and description.[98] Patents are important to protect small, emerging technology business.[99] Most business enterprises need a quantity of patent portfolio as insurance towards their already risky investment.[100] These criteria are not technology specific and thus should also be fulfilled in case of nanotechnology inventions. As much of the research in nanotechnology has been conducted through multidisciplinary fields, it may challenge the present patent system. For an example, as its a newly adopted technology in the field of science the patent examiner may grant broad patent rights to the inventor which in the future may cause a great barrier in the development of nanotechnology and society may be deprived from the benefits of nanot echnology. Copyright: Copyright law protects original expressions of ideas of literary and artistic works but not for the ideas themselves.[101] The main key of copyright is the ‘originality of authorship.[102] The issues of copyright are mostly likely to arise in respect of nanotechnology regarding computer software programs which is likely to be used for nanotechnology research and development.[103] Trademarks: Trademark rights protect words, logos and any other type of commercial identifiers.[104] These marks help the public to identify the respective products or services of a company. It also helps customers from not being misled by deceptive use of marks. As many nanotechnology related companies will come into the market, trademarks will play an important role to identify the different company and their products which is most crucial for investment of a company. Trademarks also indicate the goodwill of the company. Trade Secrets: Trade secrets can be defined as ‘confidential information or knowledge which is not widely known and gives competitive advantages to its owner. Companies may be more interested to keep some information or know-how of their products as trade secrets because under patent law after the expiry of the protection period the product will come into public domain. For trade secrets there is no time limit and business advantages may come from by using trade secret protection wisely, or a combination of patents and trade secrets. The use of different forms of IP offers different options for developers of nanotechnology. While nanotechnology industry is highly patent oriented the possibility of vast legal battles over nanotechnology patents in the future is likely to be happen. It also should be kept in mind that aggressive assertion of IPRs can create obstacles in important research of nanotechnology.[105] Patent busting, generics, technical standards and open sources are a few of the leading examples of critical IP challenges to all technology, including nanotechnology.[106] The challenges of IPR management of nanotechnology are not only for the ownership of IP but also the possibility of huge economic value from nanotechnology. 3.0 Patentability of Nanotechnology-European Aspect: The recent advancement of industrial research and development in the nanotechnology field is a worldwide phenomenon. Since last few years national and international governmental authorities, research institutes and industrial companies have increasingly aware of nanotechnology as a driving force for innovation in different fields including chemistry, material science, biotechnology and electronics.[107] For nanotechnology, patents are the most used and by far most important form of IP.[108] Nanotechnology is incomparably among the most patentable technologies, in that it is exceptional in attributes and nascent.[109] The main attraction in nanotechnology patenting is not only its size but also its ‘unique cross-industry pattern. Nanotechnology is exceptional compared with other technologies because it does not originates in a single branch of science like biotechnology, information technology etc.[110] The main characteristic of nanotechnology is its size. Surprisingly this is nearly the first new field in almost a century in which basic ideas, i.e. ‘the basic building block was patented at the beginning.[111] Patent rights give the rights holder an opportunity to gain economic and other related profits for a certain period as a reward for the invention. In case of nanotech research and invention there is a need for huge long term investments thus patent rights play a substantial role to recoup the investment of a company. Without a clear and sound patent regulatory system, large companies will be reluctant to invest in the field of nanotechnology and the development of nanotechnology invention will be hampered. Its no doubt that the rapid growth of nanotechnology will result a multiple field of application and jurisdiction and obviously will create a legal challenge in future IP regimes. The most basic issue is that whether nanotech inventions are patentable or not? In this chapter the ‘patentability of nanotechnology will be discussed in the light of European legal instruments and the WTO TRIPS Agreement. All inventions are not patentable. A patentable subject matter might not be (a) an abstract idea; (b) laws of nature; and (c) physical phenomena.[112] As mentioned, to qualify the patentability of an invention certain conditions must be satisfied. i) patent eligible subject matter; ii) utility; iii) novelty; iv) non-obviousness; and v) sufficient disclosure. In addition to the already mentioned patentability criteria, the claims have to be clear, brief and must be supported by the description.[113] The application of the inventions requires disclosing the invention is such a way as a whole that a person skilled in the art is being capable to carry out the invention.[114] There are not separate patentability rules for nanotech inventions. Thus any patent connected with the nano-field must fulfill the general requirements of patentability.[115] 3.1 Procedures at the European Patent Office: In Europe, an applicant can file a patent application either in the national patent office or in the Europe European Perspective on Nanotechnology Patents European Perspective on Nanotechnology Patents An Overview of Nanotechnology Patents: A European Perspective The future world will to a large extent consist of a knowledge based society. Intellectual property (IP) will play an important role in generating wealth and employment in that society. A general rule is that the more developed a country is the more stricter and secure for IP and strict to uphold the IPR. IP assets have become between 50 and 70 percent of the gross domestic products of a developed country.[1] In that sense it can be said that IP has become one of the most important assets of knowledge based economies.[2] Creativity is essential to economic growth.[3] It is feared that the development of new technologies and thereby the progress of societies will be halted without the presence of intellectual property rights (IPR). IPRs encourage the development of new technologies. IPRs aim at creating a harmonious relationship among investors, inventors and consumers. Patent rights are one of the important branches of IPR. The ultimate goal of patent rights is to promote invention a nd encourage further development of that invention for the benefit of society. Before going into an in-depth discussion on nanotechnology patents, it will be wise to discuss patent rights. The main aim of patent rights is to protect technological inventions.[4] Patents can be seen as the outcome indicators of applied research and technological advancement.[5] A patent protects novel and non-obvious ideas and not mere the expressions of those ideas.[6] The patent system is meant to protect technology, actual machines, devices and new chemical, biotechnological/nanotechnological compositions rather than pure concepts.[7] The main of the system is to promote the continuation of intellectual community[8] and industrial and technological development. Generally a patent may be defined as the exclusive right granted by statute to a party who conceives or discovers a non obvious and novel invention, to use and develop that invention, to prevent others from manufacturing, selling or using the invention for a limited time, which depends on the inventions and jurisdictions. Patent terms are typically from 14 to 20 years.[9] The applicant of a patent must show that the invention is eligible subject matter, novel, having industrial application or utility, inventive step and non-obviousness i.e. that the invention is not obvious to a skilled person in the field with ordinary knowledge and lastly adequate disclosure. Its not enough that an invention is new for a company or in a definite country. The described invention must be new in the international context.[10] Patent is very important in the intellectual and scientific community because of it relate to their reputation and to enrich their resume. In the sense of commercial sector, it i s important because it creates barriers to entry into the market.[11] The emergence of a new and pioneer technology creates issues and possibilities in perfecting IP rights.[12] Like other present technologies, nanotechnology isnt merely a part of a distant future, but is also a significant technology today.[13] Its obvious that nanotechnology will be one of the essential technologies of the 21st century which have enough potentiality to create new markets and prosperity.[14] Nanotechnologies are treated not as a standalone topic, but as a potential and important approach to develop new materials and accomplishment new properties. Their potential for characterizing and building up nano-structure will meet future goals in nearly all sectors. Nanotechnologies have the merit of joining together chemists, physicists, biologists, medical doctors, sociologists, etc. It has been held that nanotechnology will be one of the largest sectors of economic growth of world in the foreseeable future.[15] Such technology will be used in a wide range of products from mi litary weapons to clothing.[16] Many multinational companies have already invested huge amounts in the field of nanotechnology. The nano-world is full of surprise and potential.[17] As its a nascent technology, it may pose problems and opportunities for IP regimes.[18] Nanotechnology patents are not treated differently than other patents but it is true that more complex technology creates more complex problem within the patent system. It may be the next legal challenge in the field of IPR. Although early predictions for nanotechnology commercialization are encouraging, however, there are formidable challenges that include legal, environmental, ethical and regulatory questions, as well as emerging thickets of overlapping patent claims. The rapid technological development of nanotechnology will challenge the traditional regulatory system in patent law.[19] Another problem will arise to classify the nanotechnology because advanced nano-products may suit into different categories simultaneously.[20] One thing is certain, however, nanotechnology is here to stay and will generate both evolutionary as well as revolutionary products in the future, thereby improving all sectors of our life.[21] The impact of nanotechnology on our way of life is widely belie ved to reach profound and hitherto unimagined levels in the coming decades.[22] Nanotechnology is just passing its early stage in the field of science and very little development has occurred in the legal arena on nanotech. In this thesis, I will focus on legal sides of nanotechnology patents. My overall point of discussion is legal rather than technical. The first part of the thesis will contain a general overview of nanotechnology from a scientific view point, different governmental and non-governmental organizations approach as well as the importance of nanotechnology from other general aspects. In the second part of the thesis, the relationship between nanotechnology and IPR will be discussed. The third part of the thesis addresses the possibility of patenting nanotechnology inventions. This part also contains a brief description on EU policy towards nanotechnology patents. Finally, the future legal challenges which may face legal experts in the IP field regarding the patenting of nanotechnology products are analyzed. 1. What is Nanotechnology: Technological and theoretical improvements have moved us to the place where our knowledge of atomic construction and behavior has significantly improved.[23] This advancement enables human to enter the age of nanotechnology.[24] Nanotechnology is mainly consists of ‘nano- materials- e.g. carbon nano-tubes, fullerenes, nano-particles, quantum dots, dendrimers, nano-crystalline diamonds, nano-wires, etc.[25] According to Eric Drexler, a nano-optimist, nanotechnology can change the world in the way that the steam engine did.[26] A proper definition is very important in a field of science and technology, not least for patents.[27] It is very important to define nanotechnology from a legal point of view. The world of nanotechnology is a world of individual atoms and molecules.[28] Its the science to study and use of the unique characteristics of materials at nano-scale.[29] A precise definition of ‘nanotechnology in law and science is yet to be decided. It encompasses many dif ferent concepts and fields simultaneously, which is a difficult task. Even scientists in the field maintain that it â€Å"depends on whom you ask.†[30] Many experts and different governmental institutions have tried to define the concept of nanotechnology. Generally ‘nanotechnology seems to refer to very small science.[31] ‘Technology derives from the Greek tekhne, which means ‘skill or ‘discipline and ‘logos which means ‘speech.[32] ‘Nano comes from the Latin word for ‘dwarf, but today the prefix is more known to denote one billionth (i.e. one billionth of a metre).[33] Therefore nanotechnology could mean the discipline of assembly at the nanometer scale or in other words, molecular assemblage and mass molecular production.[34] Nanotechnology is an umbrella term used to define the properties or products and process at the nano/micro scale that have resulted from the convergence of the physical, chemical and life science.[35] EPO[36] defines ‘nanotechnology as follows: The term nanotechnology covers entities with a controlled geometrical size of at least one functional component below 100 nano-metres in one or more dimensions susceptible of making physical, chemical or biological effects available which are intrinsic to that size. It covers equipment and methods for controlled analysis, manipulation, processing, fabrication or measurement with a precision below 100 nano-metres. The U.S. ‘National Nanotechnology Initiative (NNI) predicted in a report issued by the U.S. Department of Energys Office of Basic Energy Sciences, the near term benefits of the developments of this new technology. The White House Office of Management and Budget devised a broader, more functional definition for nanotechnology. It defines Nanotechnology as : research and technology development at the atomic, molecular or macromolecular levels in the length scale of approximately 1-100 nano-meter range, to provide a fundamental understanding of the phenomena and materials properties at the nano-scale and to model, create, characterize, manipulate and use structures, device and systems that have novel properties and functions because of their small or intermediate size.[37] Nobel laureate Richard Smalley defines nanotechnology as ‘the art and science of building stuff that does stuff on the nano-meter scale. Eric Drexler defines nanotechnology as â€Å"engineering in the molecular scale†.[38] Some legal expert characterizes it â€Å"as the skillful management of matter at the scale of one billionth of a meter or smaller†.[39] The US Nanotechnology Act[40] defines nanotechnology as the science and technology that will enable one to understand measure, manipulate, and manufacture at the atomic, molecular, and supra-molecular levels.[41] Although nanotechnology encompasses many different types of concepts, it can be said generally that nanotechnology is a science to manipulation of matter or things at the scale of nano-meter.[42] Nanotechnology covers several established domains and technologies, with the exact definition of what are nanotechnology still being debated.[43] 1.1 Why is nanotechnology important? Nanotechnology is important in many senses. Nanotechnology will certainly change the nature of almost every human made object in the next century and will reshape out interaction with the surrounding world.[44] It covers a multiple fields of science and will create a vital opportunity in the future world. In the view of transformational impact, its a simple fact that it gives us a set of tools that make us enable to transform the world at a far smaller scale than was ever available to us before.[45] Nanotechnology enables us to change the structure of many different fields by giving us opportunity to access a realm where many of the old rules associated with matter apply no more.[46] Nanotechnology attracts a considerable amount of attention because it gives us opportunity to access to radically different capabilities with wide range of materials, even though we have been using those materials for many years. Nanotechnology will give rise to a wealth of new materials and manufacturin g possibilities, which will cause a great impact on our future economy, environment and society. Nest I will address some fields where the application of nanotechnology will have an important impact: Economic Impact: Many economists predict that nanotechnology will be the next economic turning point in the global economy. It may be the issue of every economic sector as it encompasses a large and diverse field. In nearly every economic sector such as health and medicine, materials, computing and electronics, military weapons, environment, energy, transportation and virtually every other commercial sector nanotechnology will play a great role in coming decades considering its numerous fields of applications. Nanotechnology has attracted the worldwide companies vastly. As of 2004, 1500 companies worldwide have declared their plans on nanotechnology research and development and of these 80% were newly startup companies.[47] The U.S. National Science has presumed that the world market for nanotechnology will reach 1 trillion USD or more within 20 years.[48] According to Lux Research, within next ten years nanotechnology applications will affect nearly every type of manufactured goods.[49] The EU recog nized nanotechnology as an important element for the benefit of its citizens. In 2007 the European Commission allocated EUR 600 million for nanotechnology research and development.[50] The former president of the United States, George W. Bush signed the 21st Century Nanotechnology Research and Development Act[51] on December 3, 2004 authorizing approximately $3.7 billion in federal funding for the development and research of nanotechnology over the next four years.[52] According to Mike Honda, California House Representative and co-drafter of the original Nanotechnology Act, the worldwide market for nanotechnology products and services could reach $ 1 trillion by 2015.[53] Nanotechnology in food security, environmental and public health issues: Nanotechnology will have a great impact on food security and environmental issues. In September 2003, the United States Department of Agriculture published its roadmap and in that report the Department predicted that nanotechnology will change the appearance of food industry, changing the way food is produced, processed, packaged, transported and consumed.[54] Helmuth Kaiser Consultancy predicts that the market of nano-food will rise from 2.6 billion USD to 20.4 billion USD by 2010.[55] Nanotechnology is capable of changing the agriculture and food industry with e.g. new tools for the molecular treatment of disease, speedy disease detection, raising the ability of plants to absorb nutrients etc..[56] Intelligent sensors and small delivery systems will help the agricultural industry combat viruses and other crop disease producing agents.[57] There is strong possibility that in the near future nano-structured catalysts will be available which will enhance the competency of pesticides a nd herbicides, allowing lower doses to be used. In CEA (Controlled Environment Agriculture), nano-technological devices providing ‘scouting capabilities could enormously improve the growers ability to determine the suitable time of harvest for the crop.[58] Another important role for nanotechnology-enabled devices will be the increased use of automatic sensors linked into a GPS system for real-time monitoring. These nano-sensors could be fixed throughout the field where they can monitor soil conditions and crop growth.[59] Wireless sensors are already being used in specific parts of the US and Australia. Nanotechnology can help us to improve our understanding of the biology of different crops and thus potentially increase yields or nutritional values.[60] Nanotechnology has also potential to save our environment indirectly through the use of renewable energy supplies, and filters or catalysts to control environment pollution and clean-up existing pollutants.[61] Nanotechnology can also be used to clean ground water. The US Company Argonide uses 2nm diameter aluminum oxide nano-fibres (Nano-cream) as an element of water purifier. This nano-level filtration system helps to remove viruses, bacteria and protozoan cysts from water. Developing countries like India and South Africa are also running similar projects using the same technique.[62] Research at the Centre for Biological and Environmental Nanotechnology (CBEN) has shown that nano-scale iron oxide particles are tremendously effective at binding and removing arsenic from groundwater,[63] which will play a great role especially in the developing countries where environmental pollution is an important factor. The development of nano-technological based remediation techniques can resto re and clean-up environmental injury and pollution (e.g. oil in water or soil).[64] Most of the opposition to nanotechnology has been targeted on the long term risks connected with self-replicating nano-robots. Some environmental groups, e.g. the Action Group On Erosion, Technology and Concentration (ETC) predicts that nano-materials may cause harm to human health and environment. Moreover the group urges to ban the production of nano-materials.[65] Besides these, some experts feel worried about impact of nano-particles in the environment and predict that some nano-elements will also be harmful for the environment and suggest that there must be a risk assessment authority for nano-particles. Nanotechnology in the medical sector: Nanotechnology is a technology which has vast possibilities in the development of health and medical treatment.[66] Medical science has made big advances in understanding the structure and functions of living organisms down to the genetic level. Nanotechnology created the opportunity to apply that knowledge significantly more perfect to the diagnosis and treatment of illness and injuries than in the traditional way.[67] Nanotechnology applications in medicine are growing significant interest, which can be labeled as ‘nano-medicine. ‘Nano-medicine can be defined as the medical application of nanotechnology that will have potential to lead to useful research tools, advanced drug delivery systems and new ways to combat disease or repair injured tissues and cells.[68] The advancement of nano-medicine may result in more significant interventions in respect of illness.[69] Nano-medicine is capable of prevention, early and accurate diagnosis and treatment of different diseases.[ 70] The experts on physical science predict that in future nanotechnology will apply to surgery and to cure different complex diseases in human body. Nanotechnology in military weapons: The first wave of nanotechnology will primarily be used in the military for state security related purposes.[71] Many nanotechnology experts presume that in many states have already taken lots of initiatives in their military sectors and given top priority to research in making nanotechnology weapons and its potentiality at the time of war and other military uses. It should be remembered that the Internet, computer and other land marking inventions of the last century were also military projects and now these inventions have changed the world in every sector and are being used for the welfare of mankind. The ultimate question comes down to whether the good outweigh the bad with respect to the utilization of this technology in this domain.[72] Nanotechnology in Information Technology (IT): Nanotechnology has enough potential for creating faster computers with larger memories than the present transistors and other components permit.[73] Carbon nano-tubes will also be used in IT. These tubes could be either conducting or semiconducting and have the potential for memory and storage as well. By using nanotechnology, computer tools will be cheaper than today and will create a sustainable IT sector. Without doubt nanotechnology will vastly affect the IT sector in the future. 1.2 EU policy for nanotechnology: Presently nanotechnologies strengthen many useful and practical applications and have huge possibilities to improve the quality of life and protection of environment and accelerate Europes industrial competition.[74] The European Commission has taken several steps to take nanotechnology research benefits for the development of the EU[75]. The EU is proceeding toward a collective and correlated strategy for nanotechnology research and development.[76] The Commission has not yet adopted any broad and specific public policy for nanotechnology but has adopted a strategy plan for the allocation of significant resources for supporting nanotechnology research and development.[77] But this strategy has yet not been turned into any formal legislation and/or regulation.[78] On June 7, 2005 the European Commission passed an Action Plan for the implementation of a strategy for European nano-science and nanotechnology development.[79] This action plan is not obligatory by law and in apparently it is simply a declaration and a step towards regulating nanotechnology further. In this action plan, the importance of research and examining the future impact of nano-science and nanotechnology is emphasised. The Commission have divided the Action Plan into five steps: Promote RD in the Europe: In this phase, the Commission recognized that by collaborating with public and private sectors across Europe for the research and development of nanotechnology, an interdisciplinary initiative is necessary. In 2007-2008, the Commission invested EUR 2.5 billion under the Research Framework Programme and before that in 2003-2006 EUR 1.4 billion had been invested.[80] As nanotechnologies have multidisciplinary character, the Research and Development (RD) projects have taken in different industrial sectors such as health, food, energy, transport, environment, etc.[81] Frame a base of European â€Å"Poles of Excellence†: This phases main aim is to build up poles of excellence into present structures for establishing highly-presentable world class poles in the area of nanotechnology by providing necessary services to the research community.[82] State of art equipment and instrumentation is day by day a challenge for the development of nanotechnology and to establish whether RD is enabling to transform into capable of being wealth rendering product and process.[83] The Commission is giving support continuously by funding access to present facilities and creating new facilities, which have led to ‘durable integration in the form of new institutes and virtual infrastructure such as the European Theoretical Spectroscopy Facility (ETSF).[84] Investing in human resources: The purpose of this axis is to conforming European educational system to the specifies of nanotechnology in the higher level studies which also cover legal technical subjects such as patenting nanotechnology and encourage the young people in the EU to nanotech studies and research.[85] Actually the development of nanotechnology mainly depends upon the skilled manpower and interdisciplinary actions. The main aim of this phase is to transform the nanotech knowledge from academy to industry.[86] Patronizing the transformation of knowledge into Industrial Applications: In this phase the Commissions strategy and its Action Plan pointed to two issues connected to IP: Patents and Standardization.[87] In respect of patents, the Commissions Action Plan advocates to establish a patent monitoring system for nanotechnology and to harmonize the patent prosecution system especially ‘sufficiency of disclosure and ‘inventive step, (which are crucial in case of nanotechnology patents) among the leading patent offices in the world such as the European Patent Office (EPO), the US Patent and Trademarks Office (USPTO) and the Japan Patent Office.[88] Concerning standardization, the Commission encourages pre-normative research and development in combined actions with the activities of European Standard Bodies.[89] Integrate the Social Dimension: The purpose of this phase is to recall an EU strategy about ethical principles in respect of health, safety and environmental aspects in the development of nanotechnology and making a transparent approach by open dialogues with E.U. citizens and stakeholders.[90] The Commission has taken several actions to reflect the peoples expectations and take their views into account.[91] In February 2008, EC passed a recommendation of ‘Code of conduct for responsible nano-science and nano-technologies research which gives guidelines towards a responsible and open approach.[92] Every proposal considered for funding by the Commission must meet the requirements of ethical issues.[93] The Commission is also giving efforts to increase researchers awareness to the Code of Conduct on nanotechnology research. Actually the Commission seeks the nanotechnology research to reflect and comply with the basic ethical values described in the core European Agreements such as ‘the European Charter of Fundamental Rights. 2.0 Relationship between Nanotechnology and IP: IPRs play a significance role in the development of new technologies. IPRs are essential in the present technology-driven age.[94] For an international perspective, nanotechnology is presently one of the most effective new technologies, in terms of number of patent applications.[95] Moreover, competitors in the nascent nanotechnology industries employ trade secrets legislation to supplement their control over key technology and expertise. In spite of being less directly involved in the nanotechnology industry, copyright and trademark legislation are also affect competitors in nanotechnology markets as the companies use computer software for nanotechnology research and development. Moreover, companies are also active to give their products commercial identification and trademark is playing a great role in that respect. IP law yields the primary regulatory vehicle by which ownership, control and use of nanotechnology are managed. The basic purpose of IP law is to facilitate for creators or inventors and encourage continuation of further development and creation. Thus IP law plays an influential role in a new and highly divergent functioning field of research and development like nanotechnology.[96] IP law also plays an important role in the integration of nanotechnology development into commercial applications.[97] The next part investigates how nanotechnology is related to IPRs. Patent: Patent law give legal rights to inventors. For a patent right to be granted certain criteria should be fulfilled such as eligible subject matter, inventive step, novelty and usefulness or industrial application and lastly sufficient disclosure and description.[98] Patents are important to protect small, emerging technology business.[99] Most business enterprises need a quantity of patent portfolio as insurance towards their already risky investment.[100] These criteria are not technology specific and thus should also be fulfilled in case of nanotechnology inventions. As much of the research in nanotechnology has been conducted through multidisciplinary fields, it may challenge the present patent system. For an example, as its a newly adopted technology in the field of science the patent examiner may grant broad patent rights to the inventor which in the future may cause a great barrier in the development of nanotechnology and society may be deprived from the benefits of nanot echnology. Copyright: Copyright law protects original expressions of ideas of literary and artistic works but not for the ideas themselves.[101] The main key of copyright is the ‘originality of authorship.[102] The issues of copyright are mostly likely to arise in respect of nanotechnology regarding computer software programs which is likely to be used for nanotechnology research and development.[103] Trademarks: Trademark rights protect words, logos and any other type of commercial identifiers.[104] These marks help the public to identify the respective products or services of a company. It also helps customers from not being misled by deceptive use of marks. As many nanotechnology related companies will come into the market, trademarks will play an important role to identify the different company and their products which is most crucial for investment of a company. Trademarks also indicate the goodwill of the company. Trade Secrets: Trade secrets can be defined as ‘confidential information or knowledge which is not widely known and gives competitive advantages to its owner. Companies may be more interested to keep some information or know-how of their products as trade secrets because under patent law after the expiry of the protection period the product will come into public domain. For trade secrets there is no time limit and business advantages may come from by using trade secret protection wisely, or a combination of patents and trade secrets. The use of different forms of IP offers different options for developers of nanotechnology. While nanotechnology industry is highly patent oriented the possibility of vast legal battles over nanotechnology patents in the future is likely to be happen. It also should be kept in mind that aggressive assertion of IPRs can create obstacles in important research of nanotechnology.[105] Patent busting, generics, technical standards and open sources are a few of the leading examples of critical IP challenges to all technology, including nanotechnology.[106] The challenges of IPR management of nanotechnology are not only for the ownership of IP but also the possibility of huge economic value from nanotechnology. 3.0 Patentability of Nanotechnology-European Aspect: The recent advancement of industrial research and development in the nanotechnology field is a worldwide phenomenon. Since last few years national and international governmental authorities, research institutes and industrial companies have increasingly aware of nanotechnology as a driving force for innovation in different fields including chemistry, material science, biotechnology and electronics.[107] For nanotechnology, patents are the most used and by far most important form of IP.[108] Nanotechnology is incomparably among the most patentable technologies, in that it is exceptional in attributes and nascent.[109] The main attraction in nanotechnology patenting is not only its size but also its ‘unique cross-industry pattern. Nanotechnology is exceptional compared with other technologies because it does not originates in a single branch of science like biotechnology, information technology etc.[110] The main characteristic of nanotechnology is its size. Surprisingly this is nearly the first new field in almost a century in which basic ideas, i.e. ‘the basic building block was patented at the beginning.[111] Patent rights give the rights holder an opportunity to gain economic and other related profits for a certain period as a reward for the invention. In case of nanotech research and invention there is a need for huge long term investments thus patent rights play a substantial role to recoup the investment of a company. Without a clear and sound patent regulatory system, large companies will be reluctant to invest in the field of nanotechnology and the development of nanotechnology invention will be hampered. Its no doubt that the rapid growth of nanotechnology will result a multiple field of application and jurisdiction and obviously will create a legal challenge in future IP regimes. The most basic issue is that whether nanotech inventions are patentable or not? In this chapter the ‘patentability of nanotechnology will be discussed in the light of European legal instruments and the WTO TRIPS Agreement. All inventions are not patentable. A patentable subject matter might not be (a) an abstract idea; (b) laws of nature; and (c) physical phenomena.[112] As mentioned, to qualify the patentability of an invention certain conditions must be satisfied. i) patent eligible subject matter; ii) utility; iii) novelty; iv) non-obviousness; and v) sufficient disclosure. In addition to the already mentioned patentability criteria, the claims have to be clear, brief and must be supported by the description.[113] The application of the inventions requires disclosing the invention is such a way as a whole that a person skilled in the art is being capable to carry out the invention.[114] There are not separate patentability rules for nanotech inventions. Thus any patent connected with the nano-field must fulfill the general requirements of patentability.[115] 3.1 Procedures at the European Patent Office: In Europe, an applicant can file a patent application either in the national patent office or in the Europe

Rational Choice Theory Essay -- Legal Issues, Criminal Activity

There are three main points that are reinforced in rational choice theory (Cornish and Clarke, 1986). First, it may work better or worse for different types of crime, yet it is thought that there are rational choices in every type of crime even impulsive and pathologic crimes. Second, the theory should be applied on a crime-specific basis. Hence, burglaries can’t be grouped together in among residential and commercial categories. Rather, they must be broken into smaller facets such as public housing burglaries or wealthy residential neighborhoods. Finally, a distinction is made between criminal involvement and criminal events. Criminal involvement describes how individuals get involved in crime and further continue or abstain from this lifestyle. Criminal events have unique underpinnings, which are often shorter processes than criminal involvement structures. Among the goals of rational choice theory is to explain all types of crime (Cornish and Clarke, 1986). However, it does not propose that there is an underlying unity between different types of crime like other theories. Instead, these diverse elements are important in explaining why such events occur. Also, it incorporates factors that lead to crime, emphasizes the pattern of decisions throughout a criminal career, and accounts for situational variables of crime. In comparison, the deterrence theory proposes that the fear of legal punishment diverts people away from crime, while rational choice theory advances that in the act of choosing whether or not to commit a crime the benefits are weighed (Stafford and Warr, 1993; Cornish and Clarke, 1986). Hence, in both theories pain is a cause for not committing crimes. Furthermore, the deterrence theory has two chil... ...um, these three points show that development is a constant interaction between the self and the environment coupled with chance or luck. Recognizing that luck plays a role, or more appropriately called â€Å"random development noise†, is important to show the significance of the randomness of the process. Thornberry (1987) acknowledges the weight of the social control theory, social learning theory, and integrated models that combine the two. However, there are three limitations. First, causal structures are unidirectional instead of reciprocal. One example, social psychological research points to the reciprocal relationship between delinquent values and behaviors. Second, these theories use models that are usually non-developmental in nature – only focusing on one age range. Lastly, they surmise causal effects in a social structure to be similar throughout.

Hard Times †Charles Dickens Essay -- English Literature

Hard Times – Charles Dickens ‘Discuss the theme of education in Hard Times’ Charles Dickens was a great author of the 19th Century and his books are recognised and loved nation wide. Many people understand the meaning to his books, as they are not just plain fiction. In the novel Hard Times Dickens intensely criticises the British system of education and how it has evolved over the years: the 19th Century philosophy of ‘Utilitarianism’. Dickens believed this system was a failure, as it changed children’s minds and morals, and it is this novel that he attempts to show the horrors that this system has created. A principle was formed by Jeremy Bentham, the eighteenth century philosopher, calculating ‘the greatest good for the greatest number’. This theory explained that self-interest was the primary motivating force behind all human conduct; people strived for pleasure and tried in vain to avoid pain. Bentham advocated a system of calculation known as ‘moral arithmetic’. This was used whenever a decision had to be made about a particular choice of action, be it an individual deed or a law affecting million. The equation was a simple one: pleasure vs. pain. If all the factors fell in the direction of pleasure for the greatest number then the appropriate course of action was adopted. However, it failed to take account of the happiness and well-being of those who did not belong to the greatest number. It also presumed that every human being on earth prized nothing but material values. The catastrophes that this pathetic philosophy caused are explored and criticised by Dickens in the novel Hard Times. The philosophy also emphasised the practical usefulness of things. This meant that art, imagination, pl... ...ildren’s education. The grim pursuit of facts is contrasted with the colourful and rich life of the imagination as experienced by the circus folk. When one of them is subjected to the rigours of Gradgrind’s educational philosophy her human nature naturally rejects the attacks made on it: Sissy Jupe leans nothing from the artificially imposed educative processes familiar in the Gradgrind household. Nut, as we see later in the novel, her own essential goodness is instrumental in educating those suffering from the inadequacies of the Gradgrind philosophy. The children are denied the natural pursuits of childhood such as play, fantasy, fun and entertainment. They are ‘dead’ as children and are forced, by Gradgrind’s system, to become unnatural children. They are therefore without essential qualities needed in adulthood and as of this they become in humane.

Bernard Marx - Brave New World Essay -- essays research papers

Bernard Marx, being a male Alpha, is the type of person who just doesn’t really fit in. While just about all people are very open about their thoughts and personal feelings, Bernard is very secretive about many of his thoughts and actions. For instance, when Lenina tries to talk to him about â€Å"having her,† his face goes pale and he insists that they discuss it in private (pg 58). He seems to be very concerned about what people would think if he started talking about that kind of stuff in front of them.   Ã‚  Ã‚  Ã‚  Ã‚  Frequently Bernard sets himself off from the rest of the Alphas because he believes he is very different than the rest of them. It is rumored that he accidentally got alcohol while he was being born causing his stunted growth. Because of this, he is constantly extremely frustrated with his craving to fit in with the rest of the Alphas and not be considered different. His most distressing experiences come when he has to give orders to members of lower castes (pg 64). Having the physique of the average Gamma, he frequently finds himself having hard times getting the lower caste members to listen to him. His physical inadequacy caused woman to laugh at him if he made a proposal to â€Å"have† her, men would joke to one another, and constant mockery caused him to feel like an outsider. Another interesting oddity in Bernard is his dislike of soma. When meeting with Benito Hoover, he was offered a gramme of soma, to which he quickly turned and walked away (pg...

Bangladesh newspaper Essay

Bangla newspaper has a great importance from freedom war 1971 to show. Bangladeshi general peoples were being informed about the political. societal and economical position and activities from Bangla newspaper during under Pakistani authorities. This is besides major grounds of political activities in the past and present. The day-to-day Prothom Alo and the day-to-day Ittefaq is the taking newspaper in Bangladesh. A batch of national and non-government advertizements are published these two newspapers. Bangladeshi publishing media is really strong in the universe because a immense figure of Bangla newspapers are published day-to-day nationally and locally in this state of land country of 1lac 44 thousand square kilometre. In malice of debut of new media like Bangla orbiter channels. FM and local wirelesss and on-line intelligence. Bangla newspaper is still really popular in our state because old peoples and house married woman prefer newspaper to Television. wireless or on-line intel ligence. Another advantage of newspaper is that it can be read any clip of the twenty-four hours. Particular involvement to peculiar subdivision like athleticss. political. manner and manner. international intelligence. concern or column may change from adult male to adult male but most of peoples like political and taking intelligence subdivision. Leading intelligence. editorialist articles and column are most favourite subdivision in Bangla newspaper. Online Bangla newspaper is going more popular twenty-four hours by twenty-four hours for those people working in office or concern because update intelligence are acquiring immediately and they have non adequate clip to read newspaper individually in place or office. Above all the imortance of Bangla newspaper can non explained shortly. It opens the door of cognition and present state of affairs by presenting of import massage invariably.

Olivio Assignment Business Law Essay

After reading the above and based on the definition of larceny in the text, is if fair to convict a person for larceny if he did not leave the premises without paying for the property in his possession? Does intent to deprive have anything to do with the outcome of a case of larceny? What do you think? Also, should the penalty for larceny vary, depending on where the individual is caught or the dollar value of the good taken? Explain According to NYS penal law (155. 05), â€Å"A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof†. So I believe it is fair to convict a person for larceny even if he or she did not actually leave the premises without paying for the property in his or her possession. In the case of Olivio, the story clearly stated that he stopped to look around several times, which confirms that his motive was indeed to steal the merchandise- the story also stated that he ran right past the cash registers in order to make an exit with the merchandise which further confirms that he intended to take the merchandise without paying. Which shows intent to deprive.. I believe the penalty for larceny should vary depending on the dollar value of the merchandise that was taken- I however do not think that the penalty should vary according to where the individual is caught. Where the individual is caught is irrelevant- what matters is retrieving the merchandise and or property that was stolen and punishing the person who stole it.