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Intellectual Property Rights of Bionanotechnology in Related International Documents

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Abstract:

As a 'technological revolution,' bionanotechnology will be a key technology for economic development in the twenty-first century. Bionanotechnology has achieved remarkable success in research and development, innovation, legal protection and commercialization in western countries. Legislation and regulations are in place to assess risk, comply with safety measures (especially with respect to nanotoxicology) and regulate the outcomes of such research. With a promise of widespread application, bionanotechnology research is still at an early stage of development in world. This technology raises issues which are in conflict with intellectual property rights protection and noncommercial laws (such as the environmental laws or privacy rights). Rapid technological advances and commercialization of the emerging field of bionanotechnology will challenge traditional international and domestic regulatory regimes, including intellectual property rights. Granting of intellectual property rights on bionanotechnological inventions could be very contentious issue from cultural, legal, ethical and religious points of view. This could be even more complicated, once it acquires an international dimension. Consequently a review of the current international patent framework for this emerging technology is crucial. This paper will focus on the applicability of the patent provisions of TRIPS Agreement, the Directive of the European Parliament and of the Council on the Legal Protection of Biotechnological Inventions and European Patent Convention to the field of bionanotechnology with respect to current and future bionanotechnology applications. With the commercialization of bionanotechnology already occurring, exploration of the international intellectual property and bionanotechnology interface is timely.

Keywords: BIONANOTECHNOLOGY-INTELLECTUAL PROPERTY RIGHTS-TRIPS AGREEMENT-DIRECTIVE OF BIOTECHNOLOGY-CHALLENGES OF PATENTABILITY-ETHICAL TRENDS

Document Type: Research Article

DOI: https://doi.org/10.1166/jbns.2011.1049

Publication date: 2011-06-01

More about this publication?
  • Bionanoscience attempts to harness various functions of biological macromolecules and integrate them with engineering for technological applications. It is based on a bottom-up approach and encompasses structural biology, biomacromolecular engineering, material science, and engineering, extending the horizon of material science. The journal aims at publication of (i) Letters (ii) Reviews (3) Concepts (4) Rapid communications (5) Research papers (6) Book reviews (7) Conference announcements in the interface between chemistry, physics, biology, material science, and technology. The use of biological macromolecules as sensors, biomaterials, information storage devices, biomolecular arrays, molecular machines is significantly increasing. The traditional disciplines of chemistry, physics, and biology are overlapping and coalescing with nanoscale science and technology. Currently research in this area is scattered in different journals and this journal seeks to bring them under a single umbrella to ensure highest quality peer-reviewed research for rapid dissemination in areas that are in the forefront of science and technology which is witnessing phenomenal and accelerated growth.
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