Price Elasticity Essay

*** 1st November 2012 Examine whether the price elasticity of demand for rice is likely to be elastic or inelastic. Price elasticity of demand is the measure of how much of the quantity demanded changes in regards to a change in price. The PED is measured by the following formula: % Change in Quantity Demanded of the product/% Change in Price. If the PED is less than 1, the good is inelastic- indicating that there is a smaller change in quantity demand compared to the price change. When the PED is greater than 1, the good is elastic- meaning the quantity demanded will change significantly compared to a small price change.The price elasticity for rice could vary throughout several regions- but it can be argued that it is mainly inelastic because of the necessity of the product and the value the product holds in many households. However, in many regions, rice has proved to be elastic because of the number of close substitutes it has. The percentage change in price is greater than the p ercentage change in quantity demanded The percentage change in price is greater than the percentage change in quantity demanded To begin with, the price elasticity of demand for rice can be deemed inelastic.Clearly, various households consume rice on a regular basis. Research shows that rice is a staple good, or a main element in one’s diet, in â€Å"34 of the world’s countries. † With such a culture and mindset, households would unwilling to alter their demand for rice. Since rice is so commonly consumed, it is considered a necessity amongst households. Families of East-Asian descent, especially, are the largest consumers of rice- and eat rice in every meal. For instance, the price of a rice pack could be increased to $2. 50 from $2. 00; the change in price will be 25%.For a necessity product, the low reluctance of changing to another product would result in a smaller percentage change in demand- forcing the PED to be less than 1 and for rice to be inelastic. A lthough the necessity of rice does change from consumer to consumer and nation to nation, in a growing population in the East, rice has become more of a necessity than any other staple food. Since rice is engrained into cultural roots so deeply, a long-term substitute cannot be found- making the good inelastic in the short run and long run.In addition, the price elasticity can directly depend on the development of a nation. If the country is developed, and per capita incomes are high, rice will be inelastic. Since the price of rice takes up a very small proportion of the family income, the household is unlikely to change to an alternative- enforcing a lower percentage change in quantity demanded than percentage change in price. On the other hand, if the country’s economic development is low, or a low GDP per capita, the price of rice may have a significant portion of the average man’s income.As a consequence of a price change, then, the consumer will look for substitut es and alternatives for rice, as he or she will not be willing to pay that extra amount. In Bangladesh, for example, where rice is considered a staple food, the per capita income is $750USD. A bag of rice costing $24USD would be 3. 2% of an average Bangladeshi man’s salary- in contrast to an American who earns $48,450USD would spend 0. 05% of his salary in purchasing the same bag of rice. To summarize, a nation’s per capita income has a direct impact on whether or not a good such as rice is elastic or inelastic.As the price may decrease for rice, the quantity demanded might increase more significantly as buyers of the substitutes may start buying the product that has cut of its price. As the price may decrease for rice, the quantity demanded might increase more significantly as buyers of the substitutes may start buying the product that has cut of its price. However, rice can be considered elastic due to several reasons. Firstly, one particular brand of rice would have countless substitutes. There are bags of rice that are different in quality, different in quantity, different in flavor, different in place of growth, etc.When exposed to a change of price, a consumer will inevitably gain the inclination to substitute his or her initial product with an alternative that is priced lower to what the new price is of the previous good. Since the substitutes of rice are very similar to rice itself, if not the same product itself, people will be willing to change from one brand to another. The more substitutes there are for rice, in other words, the more elastic the PED will be, as the percentage change in quantity demanded will be greater than the percentage change in price.Quantity demanded, in other words, will decrease drastically if there are many substitutes, as consumers will shift from rice to the substitute product there is. If the price reduces, as well, many consumers will shift from the substitutes and consume the product that has cut of its p rice. In conclusion, although many substitutes can be found for rice, populations around the world eat rice incessantly. Since this continuous consumption has led to rice becoming a necessity, in most parts of the world a change in price will not affect the change in quantity demanded- making rice mostly inelastic.

Explore the impact of social, cultural and historical on your play

The historical, social and cultural influenced our play immensely because in order to create an understanding of our stimulus gender we needed to explore different sides to gender. We decided that in order for the audience to work out the meaning behind our play they needed to fully understand the idea of gender both past and present. During the creation of our play we thought it was important to bring up certain topical issues, we decided the main issues would be how women were treated in the past and present, domestic violence, love and relationships, stereotypes and social roles. We chose the idea of ‘lion tamers' because it was based on a circus however we twisted it so the scene was ‘lady tamers' to show how women were treated in the past. We started off with the ladies as wild animals with the men in the middle shouting out the orders such as ‘wash the floor'. Then we went onto more advanced techniques were we stood in a ‘Stepford wife pose' and spoke lines such as ‘have dinner ready, plan even the night before so he can have a warm meal on time. In order to create a realistic impression of what women's roles were in the past we looked at The Good housewife's guide this was a booklet of instruction from the 50s telling young women how to be a good housewife and because some of the instruction were incredibly †¦Ã¢â‚¬ ¦ and unrealistic which we thought the audience would find humorous. We then decided to do go the other extreme with the scene where the ladies take over, we wanted the women to be powerful both mentally and physical this was to show how times have changed and in particular how women in society have changed. A very important issue we wanted to concentrate on was domestic violence because this was a hard hitting issue involving gender. We researched different aspects of domestic violence and found that it is equally common nowadays as it was in the past and although it isn't necessarily true for every case men seem to be the†¦Ã¢â‚¬ ¦ of the problem. We had a real problem incorporating this issue into the initial idea of the circus because we didn't know how to make a serious topic humorous. Eventually we came up with a Punch and Judy sketch and this was Perfect because it showed the issue of domestic violence and stuck to the idea of the circus. As a group we decided that it would be nice to look at the positive side of gender because up till then it had all been negative. We used the idea of a tight rope act to show the ups n downs of relationships and love, we had a boy at one end of the tight rope and a girl at the other and they would walk along and take turns saying what they didn't like about each other and the other person would begin to wobble on the tight rope however after each little speech they would end it with ‘but I love him/her. ‘ We wanted to embrace the opposite sexes differences and make the audience view gender in a positive light.

Self Account

At my senior secondary level, I was surrounded by lots of art related competition or activities. Personally, I love drawing and designing. I have studied art and participated in lots of art competition in order to broaden my horizon. I am glad that I have got the champion in a competition organized by the Hong Kong Civic Education Foundation Ltd and an outstanding grade in drawing competitions organized by the Hong Kong Heart Foundation Limited. These awards really built up my confidence. In my opinion, drawing is not only a hobby but also a great way to improve your interpersonal skills and become more patient.In addition, I enjoy getting along with people very much. I was the peer counselor at senior secondary level and I join a community service group which help the needy once a month. I like meeting people and helping them through community service. Every month I went to the kindergarten or elderly home to do volunteer work, I play and chat with them. The experience enriches my l earning, enhances my communication skills and exerts a positive impact on my life. I also become more analytical, observant and aware of people’s needs. I hope my cheerful personality can bring joy to the needy and contribute to the community.Besides, I am intrigued by discovering something new every day, which makes me particularly interested in science. My most beloved subjects are Physics and Biology. Physic gives me the propensity to look in depth into the daily application of Physic, how they affect our life and theory behind. I have to admit that it is fairly a challenging subject and it trained me to have an inquiring mind and be conscientious to perform the best in my sheer ability. Biology allows me to learn about our own remarkable human body, I relish in learning the part regarding different types of diseases and the miracle of body structure.It is a paramount importance for the medical professionals when they are avidly performing their duty. We are able to compet e with others only if we are well-equipped. Hence, I think academic result is very important, so I would work very hard to achieve a good result, I hope I can enter a great university and pay back the community in the future. Also, I have set a career goal to participate in a service industry that could benefit the needy. I would try my best to love and serve the community to make us live a better world.

Off campus visit evaluation II Essay Example | Topics and Well Written Essays - 500 words

Off campus visit evaluation II - Essay Example Last July 21, 2008, the Community Development Commission held a meeting with regard to the â€Å"authorization to advertise for the street rehabilitation on Washington Boulevard (Norwalk Boulevard to Westman Avenue) and Norwalk Boulevard (Washington to Boer Avenue),† (Adjourned Meeting Community†¦, 2008). In addition, miscellaneous concrete repairs for the year 2007-2008 were also discussed (Adjourned Meeting Community†¦, 2008). During the discussion, the public was allowed to comment on any community development that concerns the agenda. New business was also discussed in the City Council Meeting of Santa Fe Springs. This is the â€Å"consideration of a request for financial assistance involving the construction and use of a new electronic reader board sign,† (Adjourned Meeting Community†¦, 2008). The members of the community who attended the council were made aware of the project, and would be later notified with the proceedings of the negotiation. The recent City Council Meeting of the Santa Fe Springs allowed the public to tackle the current issues of the city. The local issue regarding the street rehabilitations and concrete repairs were properly discussed and dealt with. The efforts of both the concerned citizens and the Community Development Commission (CDC) â€Å"improved the city’s quality of life,† (Santa Fe Springs†¦, n.d.). It also added to the city’s urban design and streetscape quality. The council meeting improved once again the overall development and potential of the city (Santa Fe Springs†¦, n.d.). All in all, the local issues on transportation were discussed transparently with the

Postmodern Work Essay Example | Topics and Well Written Essays - 1500 words

Postmodern Work - Essay Example This is a prerequisite for that vital characteristic known as modern intelligence. However, the drawback with the theory is that it. The philosopher Richard Tarnas has claimed that post-modernism could not stand on its own values ultimately if we take out the metaphysical impressions on which it has shaped itself and it takes modernism as a fake reality. Post-modernism is referred to as post-modern because it literally refers to everything after modernity. It deals with the new theories and the new sets that need to be evolved with the passage of time because the requirements of the new century and the challenges posed by this new are completely different from those that were posed by the previous ones. Thus, there is a vital need of new theories and a new set of ideas to prove and solve the problems that we encounter in the new world. The knowledge in the modern societies is signified by the use it has. It's also different in the way it is collated, gathered, arranged and stored in postmodern society when compared to the modern societies. The use of computers and the role of information technology has increased greatly in the societies of today. It has specially helped in the modes of knowledge that have now changed in terms of distribution and creation and also the way in which it's used or consumed. For some, post-modernism is synonymous with the start of the computer era that began in 1960s and revolutionized all aspects of modern life and social life. Profile of Artist: Patrick CaulfieldIs He Postmodern Patrick Caulfield was a British artist who was an important artist of the last 50 years. He mostly deals with the pop artistry like prints and so on. He could be referred to as a postmodern artist because of the characteristics of his art. He was a 'pop' artist, the artist of today. Many people could relate to his art, especially the younger population who identified with him and his art. We could call his work postmodern because he deals with the digital themes and so on and so forth. His work is very computerized and digital. Also, he is familiar with the modern themes and talks frequently about them in his art pieces. He is post-modern because he is very 20th century and is after modernity. He is also got a modern appeal with his audiences and admirers. He is also post-modern because he is multi-dimensional and deals with myriad themes and topics. Again, it is a vital characteristic of the post-modern period. He gets abstract at times and direct at others thus allowing a diversity of themes and modes and styles to take over. Here we have an artist of the last past half century who is post-modern as hinted by his work. In a sentence, Patrick Caulfield is the voice of modern art and the illustration below shall graphically tell us the way his work was done and also the various important post-modern characteristics evident in his art. "In postmodern societies, anything which is not

Regulation and Management in the Global Community Essay

Regulation and Management in the Global Community - Essay Example Since China will be a new market for the expanding UK restaurant, they have to acclimatize themselves with certain strategies relating to fast-food restaurant in China, these includes; the government policies on foreign investments, the location of the business, and the kind of competition involved. These factors are important for enabling a critical evaluation of the business possibility of succeeding in the foreign country. Unlike in the UK, the fast food that are experienced in the Chinese market are different, for the business to succeed in China then, they have to consider those factors that relates to the type of food that is common or favourite in the Chinese culture. The same taste and preference that is experienced in UK is not the same one that will be experienced in China, for instance when in the UK most restaurants deal in fish and chip, in China the list expands to include fried bread sticks, roast chicken, soybean porridge, porridge, fried stuff buns and so on. As such , the management of the company should be conversant with the factors listed in order to realize success in the foreign investments. Relating to the foreign investment again, the management should be cognizant of the political, economic, and social (cultural) challenges that they are likely to meet while operating the business in China, they are reported below. Political Risks that might face the Management in China Foreign countries are always faced with a number of political risks and the fast-food restaurant is not an exception, as such, it will have its fair share of the risks. One of the most common political risks that will be faced in this relation is the taxation policy; China is a country that boasts of their domestic consumption given their large population. They also give preference to their local businesses first particularly in areas that need no specialized expertise like running a restaurant. The Chinese business policies are designed to support the local business and this is through giving higher taxation to the foreign countries as a way of discouraging them from doing business in China. If the business opt to consider China as their next business zone, they will have to contend with the higher rate of foreign businesses taxation, in other words, the profit margin for the company will be tremendously be reduced owing to the taxation policy. In a bid to control the influx of foreign businesses in china, the government of China has instituted bodies that regulate the extent though which foreign businesses are invading the Chinese market. Most of the regulatory bodies are keen to block those businesses that are dominant in the country, fast-food restaurant is one of the businesses that have dominated the Chinese market for a long time and there are chances that the UK branch investment will not be allowed to operate in the country (Adekola and Bruno 2007, p.34). Before allowing foreign business to operate in their country, China is keen to look i nto the benefits that they will accrue from the business. They have to look for factors such as will it create employment opportunities to the citizens, will it pay taxes, or will it just give unhealthy competition? In this case, starting a fast-food restaurant will be considered to bring unhealthy competition to the local business and chance are that they will not permit it and if they do, it is highly probable that they will have to introduce measures and controls for the business. The Chinese government introduced a policy that

Walkable Streets; Good City Forms Annotated Bibliography Essay

Walkable Streets; Good City Forms Annotated Bibliography - Essay Example It even states that if transport policy makers start considering walking as a major transport mode, they can create policies that can promote the act of walking. Joe Cortright in his research named â€Å"Walking the Walk: How Walkability Raises Home Values in US Cities† states that the level of walkability of a particular city have various advantages and the main advantage is increase in value of homes (Cortright 2). He states that homes that are situated in areas that score high in walkability and have retail stores and shopping outlets located near to them are up for sale at very high prices as compared to those homes that are located in areas that score low on walkability. In his research he uses the method of Walk Score algorithm to determine the price of a particular home in relation to the location’s walkability. Ray Tomalty in his research named â€Å"BC Sprawl Report: Walkability and Health† tried to figure out the impact of design of neighborhood on the trends of walking and bicycling in the region of BC and the overall impact of activities of walking and biking on the health of the members of the BC society (Tomalty x). Through their research they figured out that there was a connection between an individual’s behavior, issue of obesity and stress and the level of walkability and the act of walking. They even figured out that if the degree of walkability of a particular area is increased through programs, the amount of walking activity even increases. Duncan, D.T, D.R Williams, J Aldstadt, J Whalen, K White, and M.C Castro. "Space, Race, and Poverty: Spatial Inequalities in Walkable Neighborhood Amenities?" Demographic Research. 26 (2012): 409-448. Print. Dustin T. Duncan and fellow researchers conducted a research named â€Å"Space, Race, and Poverty: Spatial Inequalities in Walkable Neighborhood Amenities?†. In this research they tried to figure out the link between demographic characteristics

Cricket company Essay Example | Topics and Well Written Essays - 500 words

Cricket company - Essay Example In 2005, it gave its customers the option of roaming outside their home market through â€Å"Travel Time†. Later in 2007, the Cricket Company did launch its EV-DO Wireless Broadband. Further, it expanded its wireless network to the Oklahoma state where it became a favorite for numerous wireless clients. Evidently, this illustrates that the Cricket Corporation has been able to acquire considerable success in expanding their customer base. Its expansion clearly highlights that they are producing impressive results. Employee morale entails the attitudes, confidence and enthusiasm of an individual to perform a specific task. In numerous instances, the morale of a corporation is influenced from the management level down to the employees. Most successful corporations have decent if not attractive employee packages. Surely, morale can be the fuel that directs an organization towards its objective. Cricket Wireless success has been contributed substantially by their employee’s persistence (Cricket Corporate Website 1). The corporation encourages innovation from their employees in enhancing their wireless service to a larger network of clients. The introduction of its wireless broadband services clearly indicates it promotes creativity and embraces new approaches of selling its service. As such, the firm actively engages its staff in the progress plans of the company that involve innovation and marketing the commodities of the corporation (Cricket Corporate Website 1). Empowering the staff is a primary ingredient for success especially in corporations in the technology business. These companies are dependent on the creative innovations of products and service delivery that their employees display. According to Cricket Corporate Website (1), the cricket firm has a 401(k) Retirement Savings Plan that provides opportunity for employees to create savings for future. Several benefits come from the 401(k) plan, for

Discuss how and why leaders are able to influence their followers Essay

Discuss how and why leaders are able to influence their followers. Illustrate your answer by using examples from different power - Essay Example It can be inferred that a person possessing these qualities form a good role as a leader. A leader demonstrates high self-esteem and positive attitude. He emphatically works towards the achievement of objective but never gets aggressive for it. A continuous training, self-study, and evaluation in life develop the traits of leader. Situation can never be as per our desire but response to those situations remains under our control. A good leader not only responds in a positive manner but also inspires other members of group to see the brighter side of the situation. Why Leaders Influence Followers Influence and leadership are complementary. It is considered as one of the integral elements of power. A potent leadership cannot sustain without influence because that is the fundamental aspect of leader. Influence forms part of the core components of leader’s traits. Influence is the ability of leader to maintain respect and position of power within an organization. Certainly, influe nce in a flourishing organization must not be used negatively and should be used positively to influence subordinates and co-workers. Leaders use influence in order to demonstrate their control and autonomy. Leaders need to influence followers to: Alter their schedules and plans Provide timely and relevant information Support and approve proposals and plans Carry out and accept new tasks Control inappropriate behavior How Leaders Influence Followers There are numbers of tactics that are utilized by leaders in order to influence followers. Power Use Model predicts tactics of leaders in terms of hardness and softness. Hard tactics include legitimating, exchange, assertiveness, pressures, coalitions, and upward appeal. Soft tactics include inspirational appeal, personal appeal, ingratiation, consultation, and rational persuasion. Three possible outcomes are revealed as a result of these tactics. They include resistance, compliance, and commitment. A successful leader is the one that un derstand what tactics will work best for specific group of individual or particular situation. If the anticipated outcomes are not attained, it indicates that an inappropriate tactic has been used. If leaders intend to drive a change, the art of influence must be learnt. 1. Reward Power Reward power comes from the perception of employee that supervisor or leader has the capacity to provide specific reward to deserving individuals. It is the leader’s ability of rewarding those employees, who demonstrate desirable behavior. Some examples of reward power include promotions, pay increase, status symbols, work schedules, bonuses, recognition awards etc. Even a simple privately or publicly admiration for a job done well is considered as reward and can be proved as a beneficial management tool. For instance, if an employee suggested a process enhancement that ultimately saves money of the respective department would be rewarded and in this way, reward power spurs motivation and prod uctivity at workplace. It is human nature to go that ‘extra mile’ for the sake of additive benefits. Many researchers argue that power is usually perceived. One has power only if he really believes he has it. 2. Coercive Power Coercive power is considered as having the perception of fear among employees. It is that power, which comes from the authority of an individual to punish. Leaders demonstrate this type of power by threatening others. According to

The Social Impact of Gansta Rap Essay Example | Topics and Well Written Essays - 1250 words

The Social Impact of Gansta Rap - Essay Example Compounding these negative opinions of rap music were the highly publicized incidents between gangsta rappers and law enforcement. Many gangsta rappers have been caught up in the imagery and the bravado of their lyrics as the distinction between art and life are often blurred. One rapper turned actor, whose career and life exemplified this tension was Tupac Shakur". (Article Exertp) Additionally, "The blend of black influences, and wild response by the younger set made rock and roll appalling and threatening to the older generation. Attempts to control the influence of rock often turned comical; after several previous television appearances became controversial, Elvis Presley was famously shown from the waist up (to avoid offending viewers with his suggestive hip swivels) on the Ed Sullivan Show in 1956. Hollywood was quick to capitalize on the trend, turning out a series of rock-and-roll themed exploitation films designed to thrill teenagers and horrify adults". (Rock and Rebellion) References Article

Argument Essay Example | Topics and Well Written Essays - 750 words - 5

Argument - Essay Example Therein exists a dilemma; it is apparent that all we do is determined and controlled by the mind; however, it would require defining features of the psychological condition that are not explicable on the basis of the human physical operations. Descartes argues that the connection between mind and body is a wholly arbitrary without regard to the laws of physics; for instance he demonstrates that a particle striking another will move in a direction that is determined by the angle of the first particle. In contrary, in the human body, there is no connection between the physical sensations and the ensuing mental reaction; he argues that hunger pangs; for instance, have no direct connection to the reaction they provoke (Desire to eat) and can just as well produce a desire to sleep or drink (Descartes 54). In modern day, cognitive scientists are more than ever before curious about the engenderment of the human perception and thought process; unlike in the past, information process in the abstract are no longer seen as conclusive accounts of the mind. Scientists are concerned with the interactions of the body and the environment and how the relationship contributes in shaping human perception and the mind. Thinkers who support this school of thought postulate that by such examination, the Cartesian rift between the body and mind may be bridged so the material and immaterial aspect of human existence can be seen a unified whole. (Robinson). One of the areas expected to provide answers is the examination of non-reflexive actions which are not indication of an individual’s mentality and whose arbitrary connection is to the motor features of the action in question such as pressing a button. In dualism the mind and body are contrasted; however over the years of study different parts of the mind have been the focus of attention; for instance before Descartes in the mediaeval period the intellect was seen as the least likely to be affected by a

How to write an essay Essay Example for Free

How to write an essay Essay 1. An introduction-introducing the topic generally, and then identifying your main or controlling idea (the point of your essay, your view of the assigned topic statement). 2. Middle paragraphs that develop and support the controlling idea. Each paragraph gives a different point or argument supporting the thesis. One point per paragraph, and one paragraph per main point. Don’t forget to give good concrete examples with descriptive details, facts and arguments to support each of your arguments. Develop the paragraph fully and logically with these details, facts and arguments. 3. Conclusion-re-states the controlling idea, summarizes the supporting arguments and provides a closing statement. Title Your title should relate to your main topic to establish the focus of the essay. It should be concise and informative. Examples: â€Å"Reasons for the Fall of Rome† or â€Å"The Emancipation of the Tibetan Nation† The Introduction The introductory paragraph tries to interest the reader, name the subject of the paper, indicate what idea will be expressed about it, and perhaps show how it will be handled. There are many ways to begin an expository essay: Begin with a quotation. It may be directly or indirectly related to the subject. Begin with an interesting fact or statistic. Begin with a short anecdote or narrative. A short narrative is particularly effective for adding a touch of variety to an expository paper. Begin with a paradox. Begin with relevant background material. Background material should, however, be concise and clearly related to your thesis. Begin by stating a long-term effect or effects without immediately stating the cause. Begin with an analogy. Begin with a definition of a term that is important to your topic. This should not be a simple dictionary definition but an explanation of the term as it applies to your topic. The thesis statement A thesis statement alerts your reader to the main argument of the essay and prepares him or her, in a general way, for the content that is to follow. The statement should be brief; there is no point in supplying an outline of everything that a short paper is going to say. But the thesis statement should not merely announce the author’s general interests or plans. Examples: Preliminary thesis statement: I intend to discuss the reasons for the fall of Rome. Revised thesis statement: The major reason for the fall of Rome was bad economic policy. Preliminary thesis statement: I think that Tibet should be its own free nation. Revised thesis statement: Tibet should be its own free nation. Development Your development should have at least three points or arguments supporting your thesis. Each point should take up a whole paragraph. Paragraphs are composed of three elements: Topic sentence: This sentence presents in general terms the subject of the paragraph. The topic sentence may occur anywhere in the paragraph, but is generally the first sentence of the paragraph. Supporting sentences: These sentences form the body of the paragraph. The content of the supporting sentences comprises specific facts or specific arguments which demonstrate the validity of the generalizations presented in the topic sentence. Concluding sentence: This sentence concludes discussion of the point which is the topic of the paragraph and often makes possible the transition to the topic of the next paragraph.

The Differences Between American And British Politics Politics Essay

The Differences Between American And British Politics Politics Essay The special relationship the term used by Winston Churchill to describe the uniquely close connection between the United States and the United Kingdom. The relationship between the United States of America and the United Kingdom goes back almost two hundred years before the United States declared independence from Great Britain. In order to understand American and the British political system, firstly the US constitution, the type of political parties and the presidency system will be conceded. Secondly the British constitution, the type of political parties and the prime minister system will be also considered. Lastly the differences between the political scenes on the two sides of the Atlantic will be also looking at. As define by Adrian Leftwich politics are at the hearth of all collective social activities, formal and informal, public and private, all human groups, institutions and societies.  [2]  This means that politics takes place at every level of social interaction. US constitution is the oldest written constitution and holds a central place in United State law and political culture. The Constitution in 1787 forms the foundations of the United States federal government and created a structure.  [3]  This has remained an active governing force through the changes in US society and a very remarkably stable document the American constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man  [4]  . The Constitution creates the three branches of the national government: a legislature, the bicameral Congress; an executive branch led by the President; and a judicial branch headed by the Supreme Court.  [5]  The Constitution specifies the powers and duties of each branch. The good thing about the US constitution is the underlying acceptance that it could be wrong. If you dont like the laws, its OK to rewrite them, provided you have enough support and the balance of power between the Judicial/Legislative/Executive. US political system is dominated by two political parties, which are the Democratic Party currently positions itself left-of-centre in American politics and supports an American liberalism platform and the Republican Party, which positions itself as a right-of-centre and supports an American conservatism platform.  [6]  The reason beyond these two parties is that the electoral system is first past the post or simple majority which, combined with the large voter size of the constituencies in the House and the Senate, ensures that effectively only two parties can play. The other reason is the influence of money. Money has tremendous influence on the political process and campaign, there more you have their more you can reach out that is why the US can only afford two parties or, to put it another way, candidates of any other party face a formidable financial barrier to entry. US presidency system is often referred to by the media as the White House. The US President is both the head of state and the head of government; He presides over the executive branch of the federal government, and is the commander-in-chief of the United States armed forces. Within the executive branch, the President has broad constitutional powers to manage national affairs and the workings of the federal government and may issue executive orders to affect internal policies. The total electoral vote is 538 so to become a president in the US you need 270 electoral votes  [7]  . The President is elected for a fixed term of four years and may serve a maximum of two terms. The President is not elected directly by the voters but by an Electoral College representing each state on the basis of a combination of the number of members in the Senate two for each state and the number of members in the House of Representatives. Unlike the US the UK has no core constitutional document or unwritten constitution there is no single document that can be classed as Britains constitution. The UK constitution however has traditionally been the doctrine of Parliamentary sovereignty, according to which the statutes passed by Parliament are the UKs supreme and final source of law, the Parliament can change the constitution simply by passing new Acts of Parliament.  [8]   UK political parties are an important feature of the British political system. Tree groups dominate party politics in Britain, the conservative, the labour parties and the Liberal Democrat. In addition to these three main parties, there are some much smaller UK parties, most of these parties are transitory but a few have endured sufficient time to merit examination. Some are significant such as the Nationalists in Scotland and Wales, their support has been considerable in particular areas of the United Kingdom.  [9]  Each party have their own institution, it chooses its leader but all involve all the Members of Parliament of the party.  [10]  The leader of the political party with the largest number of members in the House of Commons becomes the Prime Minster. UK does not have a President. Constitutionally the head of state is the monarch who is a hereditary member of the Royal Family. A historic feature of the UK constitution, the Royal Prerogative gives the Crown (the monarch) special powers, including the power to declare war, to make treaties, to pardon criminals, and to dissolve Parliament. Today the role of the monarch in such matters is largely ceremonial, but the Royal Prerogative gives considerable powers to government ministers acting on the Queens behalf.  [11]  So the most important person in the British political system is the Prime Minister. In theory, the Prime Minister simply chooses the ministers who run Government departments and chairs the Cabinet the collection of the most senior of those Ministers. In practice, however, the Prime Minister is a very powerful figure and increasingly has been behaving much like a president in other political systems, especially in the area of foreign policy. The most fundamental difference of UK and US political system is the constitution or the lack of one. The US has a written constitution which is very difficult to change and UK does not have a single document called the constitution but instead its constitutional provisions are scattered over various Acts of Parliament, any of which can be changed by a simple majority in the Parliament. Like Thomas Paine once said Government without a constitution is power without right this means the British government can make the constitution as whatever the wants it to be. There are three major political parties in the British political system: The Labour Party the centre-Left party, The Conservative Party the centre-Right party and the Liberal Democrat the centrist. Where as the US political system is dominated by two political parties: the Democratic Party and the Republican Party. The division between the Labour and Conservative in the UK is the same as Democratic Party and the Republican Party in the US. Each country, one political party is characterised as Centre-Left and the other as Centre-Right. The US President holds the position of Head of State as well as Head of Government. The UK Prime Minister, it would appear, has more influence in domestic, able to dominate his part, legislature and executive branch. The US President, on the other hand, appears to have the position of supremacy in domestic politics, He does not hold the same position of power in domestic affairs as the UK Prime Minister, but his position of strength appears to be in the realm of foreign and international matters. In conclusion by referring to the question whether British and American politics are different, we can see that the term special relationship as nothing to do with the way these two countries is lead. In each four areas we see how both countries have diverse ways of viewing politics. Reynolds, D. (1985-1986) International Affairs. Royal Institute of International Affairs 1944. 62(1), PP. 1-20 Heywood, A. P.(2002) Politics Second edition, London: Palgrave Vile, M.J.C. (1999) Politcs in the USA. London:Routledge W.E.Gladstone in McKay, D. (1997) American Politics and Society. Oxford : Blackwell. D. (1997) American Politics and Society. Oxford : Blackwell. Ceaser. W. J (1990) Political Parties. In: King, A the New American Political System. London: MacMillan Education LTD, PP. 87-135. BBC (2008) The US Electoral College. Available at: http://news.bbc.co.uk/1/hi/world/americas/us_elections_2008/3736580.stm/ (Accessed:19november2010) BBC(2003) The UK constitution. Available at: http://news.bbc.co.uk/1/hi/programmes/bbc_parliament/2561719.stm ( Accessed: 12 November 2010 ) Moran, C . (1985) Politics and Society in Britain. London: MacMillan Education LTD Moran, C . (1985) Politics and Society in Britain. London: MacMillan Education LTD BBC (2003) The UK constitution. Available at: http://news.bbc.co.uk/1/hi/programmes/bbc_parliament/2561719.stm( Accessed: 12 November 2010 )

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