Patently Obvious: Intellectual Property Rights and Nanotechnology

Posted: 6 Mar 2009 Last revised: 18 Jul 2014

See all articles by Diana Megan Bowman

Diana Megan Bowman

University of Michigan at Ann Arbor - School of Public Health

Date Written: February 19, 2009

Abstract

Rapid technological advances and commercialisation of the emerging field of nanotechnology will challenge traditional international and domestic regulatory regimes, including intellectual property rights. This article examines the role of the World Trade Organisation's Trade-Related Intellectual Property Rights Agreement as a global regulatory devide for nanotechnology, and questions the applicability of the Agreement with respect to current and future nanotechnology applications. With the commercialisation of nanotechnology already occurring, exploration of the international intellectual property market and nanotechnology interface is timely. Early recognition of uncertainties will enable policy makers the ability to balance the needs of commercial investors and innovation against tyhe broader objectives and ideals promised by nanotechnology.

Keywords: nanotechnology, intellectual property, patents, World Trade Organisation, Trade-Related Intellectual Property Rights Agreement

JEL Classification: K0, K00, K19, K23, K29, K33

Suggested Citation

Bowman, Diana Megan, Patently Obvious: Intellectual Property Rights and Nanotechnology (February 19, 2009). Monash University Faculty of Law Legal Studies Research Paper No. 2007/06, Technology in Society, Vol. 29, p. 307, 2007, Available at SSRN: https://ssrn.com/abstract=1346769

Diana Megan Bowman (Contact Author)

University of Michigan at Ann Arbor - School of Public Health ( email )

1415 Washington Heights
Ann Arbor, MI 48109-2029
United States

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