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Nanotechnology Law & Guidelines: A Practical Guide for the Nanotechnology Industries in Europe


ISBN13: 9783319018928
To be Published: August 2024
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £90.00



This book presents concise guidelines on different issues concerning nanotechnology in European legislation and offers an extensive review of all European Patent Office (EPO) cases on nanotechnological inventions. The challenge for new nanotechnology patents is to determine how patent criteria can be met in the patent application.

The book shows how to identify suitable approaches to and the ways of overcoming this challenge. It extensively reviews trademark cases at the EU level and provides an in-depth perspective on competition law and state aid law (mergers, essential facilities licenses, public funding). It also presents an original corporate, tax and finance approach within the current EU legal framework.

Not limited to an overview of applicable legislation, it offers practical tips on how to cope with the current legislation, e.g. how to deal with the risk defence under the product liability directive (implemented in 25 out of 28 EU member states); or how to deal with the chemical agents directive and adopt internal policies for nanoparticles. It also examines numerous examples of contract clauses and advertising texts that would be appropriate for marketing products involving nanotechnologies. Lastly, the book considers marketing aspects such as advertising, codes of conduct and import/export regulations.

Subjects:
Intellectual Property Law, Construction Law
Contents:
Introduction

Part I - Nanotechnology from Research to Manufacture
The legal framework of the nanotechnology research and development
Structuring the research and development of nanotechnologies
Manufacturing nanotechnologies

Part II - Protecting Nanotechnological Inventions: A Matter of Strategy : Trade Secrets vs. Patents and Utility Models
Trade Secrets and Nanotechnologies
International, European or National Patent for Nanotechnological Inventions ?- Nanotechnology Patents and Novelty
Nanotechnology Patents and the Inventive Step
Nanotechnology Patents and the Industrial Application
Drafting Nanotechnology Patents Applications
Utility Models as Alternative Means for Protecting Nanotechnological Inventions
Copyright, Databases and Designs in the Nano Industry
Managing and Transferring Nanotechnology Intellectual Property

Part III - Nanotechnologies Investment and Finance
Corporate Law and the nanotechnology industry
Tax Law for the nanotechnology industry
Investing and financing a nanotechnological project

Part IV - Marketing Nanotechnologies
Authorization and Registration Systems
Product Safety and Liability
Advertising "Nano"
"Nano" Trademarks
Importing and Exporting Nanotechnologies. Annexes: Analytic Table of EPO Cases on Nanotechnologies

Analytic Table of National Cases on Nanotechnologies
Analytic Table of OHIM Cases on Nano Trademarks