No End in Sight to Nursing Shortage: Bottleneck at Nursing Schools

The present nursing shortage is a serious issue which poses a real threat to the future of the healthcare system especially on patients.   Research published last year by ANA predicts that the US will have a shortage of 1 million nurses by 2020 (http://bhpr.hrsa.gov/healthworkforce/reports/behindrnprojections/4.htm), a bottleneck at US nursing schools caused more than 42 000 qualified applicants to be turned away in 2006-2007 (p.1623).Nursing experts attributed this shortage to five influencing factors.   First, it is mainly due to the simultaneous graying of the nurse workforce or the age or retirement of older nurses. Second, many are leaving the profession due to overworked and some even migrated to other countries in search for high paying ones.Third, the number (especially the younger generations) entering the nursing profession continues to decline as they see the lack of stability and thus tend to choose other careers (American Nurses Association, 2003).   Fourth, US nur sing schools face a growing faculty shortage, schools lack the physical facilities, too few clinical training placements, and limited fund; all of these have not been able to keep pace with the demand. Fifth, while it is easy to blame the government for this shortage due to lack of funding for nursing programs, however, equally important is career burn out.   It can’t be denied that nursing is one among the many jobs that has a stressful work environment.   So, the job itself is responsible for this shortage.Further, CareerJournal.com has surveyed several students who mentioned that the best careers do not include nursing.   Some of the respondents mentioned that the lack of funding and facilities to train new nurses, poor working conditions in hospitals and poor salary scale make the nursing profession not a compensatory career.What makes this issue even worse is that research studies have found the shortage is already having a proven, adverse effect on the ability to deliver quality healthcare in the US.   One important negative effect on patient healthcare is the increased risk of patient deaths as simply there are not enough nurses to safely care for patients.   Another is the increased medical errors arising from many complications because of this shortage.   All of this equates to the inadequacy to meet the future health care needs of Americans.Because of all these, patient’s safety is threatened and health care quality is deteriorating.   This is because nurses are greatly responsible for the majority of patient care, as they perform the vital functions in a patient’s confinement in the hospital and thus providing more face to face services than doctors. But we need to ensure that there are enough registered nurses to meet future demands.What makes this issue even worse is that research studies have found the shortage is already having a proven, adverse effect on the ability to deliver quality healthcare in the US.   One important negative effect on patient healthcare is the increased risk of patient deaths as simply there are not enough nurses to safely care for patients.   Another is the increased medical errors arising from many complications because of this shortage.   All of this equates to the inadequacy to meet the future health care needs of Americans.To address this shortage, solutions must be developed in several areas, such as in education, healthcare deliver systems, policy and regulations, and image. This shortage is not solely nursings` issue and requires a collaborative effort among nursing leaders in practice and education, health care executives, government, and the media. Thus, the American government, nursing agencies, and other concerned groups have taken some steps to alleviate the nursing shortage such as to increase the number of admissions to the American nursing education and improving working environment to retain nurses.On the other hand, they are pushing for budg et changes which they hope to address the lack of funding issue of the nursing program.   Research has shown that quality of workplace environment and job satisfaction is correlated, which impacts on quality of care and patient outcomes.   ANA (2003) urge governments to act swiftly to develop a national health human resource strategy.But there are many barriers to the resolutions as addressing the shortage is really a difficult task.   For one, the government itself lack a substantive commitment to the health of Americans and that these barriers has increased due to the different views between policy making and health human resource planning.   But if this issue has to be resolved, all concerned groups; nurses, hospitals, clinics, and the government should work hand in hand.   Many concerned groups believed that an integrated health human resource strategy that includes the expeditious licensure and acceptance of those who wish to immigrate or who already reside in the dif ferent states of the US is needed to resolve the nursing shortage.Nurses are vital in the health care system, thus the government, nursing associations, employers, educators, and others have collaborated to address the nursing shortage issue. Nursing has been burdened with societal expectations of selflessness and devotion.   Thus, a high ethical and legal standard should be met by all American nurses.The nursing shortage carries with it a lot of implications.   Foremost, this has affected the quality and safety of the entire American health care system as nothing is more critical to the health and well being of Americans than safe, sound, and available health care.   Thus, the governments, professional associations, educators, administrators and employers have accelerated their efforts to reduce the potential threat of this shortage and thus minimize the potential public risk.   Hence, nursing education would flourish and nursing graduates would increase in number. With thi s, nursing graduates will have a positive job outlook as their demand is high. With these efforts, the nursing shortage would come to an end and nurses could provide the Americans with a safe and high quality health care.ReferencesAmerican Medical Association (2007).   No End in Sight to Nursing Shortage:   Bottleneck atNursing Schools a Key Factor.   Vol 298, No. 14. Available:American Nurses Association. (2003). Planning for the Future: Nursing Human ResourceProjections.   Available:   http://www.nursingworld.org/ojin/topic14/tpc14_4.htmNevidjon, B., Erickson, J. (January 31, 2001) The Nursing Shortage: Solutions for the Shortand Long Term Online Journal of Issues in Nursing. Vol. #6, No. #1, Manuscript 4.Available: http://www.nursingworld.org/ojin/topic14/tpc14_4.htm

Gaining Independence

Gaining Independence Many parents stand by in frustration wondering how they can help a challenged child develop new skills. The very first step to completing this task is ridding our minds of the word disabled. The dictionary defines disabled as an umbrella term for someone who is being incapacitated by illness or injury or in broad terms physically or mentally impaired. The biggest gift we can give our children is independence. Independence is freedom from dependency of us. That’s what every mother wants, her child to fly from the nest and live a life of happiness and freedom.Another thing we can do for our children is step back and allow them to struggle a bit. Remember the saying: â€Å"necessity is the mother of invention? † What that means is through necessity, people become creative and make do with the things they do have. It makes them more kind, compassionate and grateful towards life. Through struggles a child learns perseverance. Perseverance will fuel a chi ld with the energy to work hard at developing skills and build self esteem. The natural inclination of a parent is to swoop in and rescue the child when they struggle, or cry or attempt to give up because a learning experience has challenged them.Unfortunately, by rescuing our children we are unconsciously conditioning them to be dependent on us. And that is something that can be prevented. Disabled children can be independent; they just need to show them how. First, help them find their own strengths. Everyone has a strong suit or strength. Whether its compassion, or math. But, everyone does. So, develop these strong suits and strengths and capitalize on the things they CAN do. Second, don’t use the word disability as an excuse. Everyone has some adversity or challenge to overcome. EVERYONE.But, where appropriate, hold your child to the same standards as you would with any other child. Doing so, will make him or her stronger in the long run and give them the best chance to s ucceed and function more independently. Third be there to help, Independence doesn’t mean dropping someone in the middle of the ocean. Growing up pis a difficult enough for any child and can be stressful at many different levels. Knowing they have a safety net is critical part of developing confidence and allows them to stretch their abilities without being frozen by overwhelming fear of failure.Fourth, you have to be avoid giving your child directions all the time. Otherwise they will never become independent. It is a good idea to supervise your child, but you should avoid correcting their actions and behaviors in front of others Generally it is best to show your kid how to do things and let them learn from their mistakes. It is always better to help your child rather than criticizing their actions. In conclusion, always put the person first, not their disability. Anyone with a disability would rather people to see them. Not their disability, simply because they are a person . Not a disability.

Hayek and alfred marshal Assignment Example | Topics and Well Written Essays - 500 words

Hayek and alfred marshal - Assignment Example While the price system has the disadvantages of its own, it’s should still be thought of as a marvel of the economically driven coordination. Hayek explains that the contrast exists between the natural and social sciences. In the sciences of the natural type, if advances are to be made, scientists should recognise that things are actually not what they might seem. Science undoubtedly dissolves the existing categories of subjective experience only to replace them with causes that are hidden and lie beneath the surface. Hayek believes that contrary to this principle the study of society ought to take to use as its raw material the subjective ideas and beliefs expressed by members of the society. To illustrate, Hayek says, â€Å"the position of man, midway between natural and social phenomena (...) brings it about that the essential basic facts which we need for explanation of social phenomena are part of the common experience, part of the stuff of our thinking† (Hayek 126). In brief, one should perceive the society in relation to the role of men’s conscious reflection of the done actions. While people in a soc iety are all the time choosing among a variety of choices of how to act, in a collective sense the outcome is an unintended result of decisions taken consciously. Central planning is a wrong way to shape the social economic order. Hayek is against centralization, when economic planning is carried out by one authority over the system, but thinks that this economic planning has to be distributed among many individuals. Based on his review of the Mise’s work, Hayek agrees that rational calculation, applicable to an economic order, has been made impossible by socialism the way Hayek saw it functioning in practice. Indeed, central direction of the overall economic activity at once at distribution of the income that is not dependent on private property in the situation when output is greater than production is doomed to failure. Yet,

Harold Rosenberg Essay Example | Topics and Well Written Essays - 750 words

Harold Rosenberg - Essay Example The paper "Harold Rosenberg" discovers the works and art of Harold Rosenberg. He saw art as a laboratory where experiments were carried out on trial and error basis. He saw expressionism as a major rupture within the history of modern art, describing what was to go on the canvas as an event rather than a picture, and captured a moment or rather stayed on as a record of the moment. Even though he claimed that the New York school Paris had taken over art, his writing was still influenced by the existentialist philosophy. Clement Greenberg’s views closely shaped the works of many artists in his time. He focused his attention to the formal properties of art such as color, line and space having a rigorous approach to criticism. He introduced many ideas into the discussion in the 20th century, explaining notions such as ‘kitsch’ and pictorial ‘flatness’ and inventing concepts such as the optical space. He believed in the necessity in abstract art as a means in resisting the intrusion of politics and commerce into art. Even though he championed what had most often been regarded as avant-garde art, he saw modern art as an unfolding tradition and thereby ended up attacking many others against those values that he held dear, including Rosenberg. Greenberg, believed that adopting to modern art, is like adapting to any other change, and those who do not change, they end up being misplaced in the society because people have to move with the current trends in the world as noted by Kocur and Simon.

Special Interests Essay Example | Topics and Well Written Essays - 1750 words - 6

Special Interests - Essay Example Despite the fact that interest groups and political parties are separate institutions in terms of the functions they perform, today they have formed joint associations. Interest groups therefore have a joint association with political parties and also try to influence the president and Congress as these two branches work together to make policy. This paper defines an interest group and gives examples, discusses the relationship between interest groups and political parties, and explains how interest groups try to influence the president and Congress as the two branches work together to make policy. Keywords: Interest Group, Political Party, Policy, Interests, Lobbyists, Lobbying, President, Congress, Associations, Relationship, Campaign Finance, Grassroots Activities 1. Define an interest group, with examples People have different pursuits that they attach value to and defend. Such pursuits despite being focused towards different goals are all known as interests. Interests can theref ore be ethnic, religious, economic, or based on a range of other issues. ... 9). Interest groups have different structures and sizes, with some having many members, while others have no members at all. In the same way, some are organized in formal ways with bylaws, leaders, members, and holding of meetings regularly, while others are not organized in a formal way, hence loosely knit and have a few rules, with no leaders. Interest groups are therefore of different types, with the major types representing the areas of the economy. These include economic interest groups, environmental groups, public interest groups, and other interest groups. Economic interest groups. They form the largest category of interest groups. Bardes, Shelley, and Schmidt (2008) point out that â€Å"the major sectors that seek influence in Washington, D.C., include business, agriculture, labor unions and their members, government workers, and professionals† (p. 225). Trade associations and business interest groups are formed by those in business, and their main role is to influenc e the policies made by the government that have an impact on their businesses. Examples of business interest groups in the United States include the National Association of manufacturers and the U.S. Chamber of commerce that represent businesses and manufacturing matters respectively. Agricultural interest groups are formed by agricultural farmers and their employees. Despite the fact that they represent a very small number of the US population, farmers and their employees in the United States have been able to influence legislations touching on their interests. Examples include the American Farm Bureau Federation, the National Farmers Union, The peanut Growers Group, The American Dairy Association, and the National Soybean Association (Bardes, Shelley, &

Illegal Immigration. Sepcifically Spanish or Asian Illigell Immigrants Essay

Illegal Immigration. Sepcifically Spanish or Asian Illigell Immigrants - Essay Example Illegal immigrants receive more from public monies than they contribute which lowers the standard of living for legal citizens. Illegal immigrants contribute greatly to the overall population growth and health care, education and employment are the most impacted. Salaries are driven down by illegal immigrants willing to work for much less while their children, illegal and legal, overcrowd the schools. It’s the U.S. taxpayer who is sent the bill for their health care services as well. In addition, the large influx of illegal aliens burdens the already inadequate number of units classified as affordable housing and other welfare resources such as energy, water and land usage (â€Å"Illegal Immigration†, 2003). Illegal immigrants have already broken the law upon arrival into the country and a considerable number break more including selling drugs, theft, murder, rape, etc. while in the country. The cost to the federal court and prison system alone in 2002 attributed to illegal aliens was $1.6 billion. This does not include the costs to state judicial and penal institutions. It costs Arizona, for example, $80 million to jail illegal aliens yearly. According to a 2002 report by Heather MacDonald of the City Journal, â€Å"In Los Angeles, 95 percent of all outstanding warrants for homicide (which total 1,200 to 1,500) target illegal aliens. Up to two-thirds of all fugitive felony warrants (17,000) are for illegal aliens† (McDonald, 2004). Illegal aliens drain social services paid for by legal citizens, $2.5 billion from Medicaid, $2 billion from food aid programs and $2 billion in hospital care from the federal coffers in 2002 alone.

General motors project Research Paper Example | Topics and Well Written Essays - 750 words

General motors project - Research Paper Example Each of these segments is charged with organizing their designated world regions in sales, production, marketing, and development of products. Major factors that have been initiated by well performing companies such as Coca-Cola and Toyota include training of the employees, effective organizational structure, annual bonuses and gifts among others. In this regard, General Motors has emulated similar motivation strategies in order to be at par with its rivals both in the local and international market. The current business environment takes the tendency of globalization. Most business organization enacts the policy of diversity in their human resource management. The purpose of this is to make competitive, and ensure that they attract the market brought about by the diversity in its work force (Certo, 2000). For example it is essential for a marketing firm appealing to the Chinese market, to have a Chinese in its sales team. This is a report on the recommended ethical practices in an o rganization, and how to manage diversity in the team. Table of Contents Executive Summary 2 Table of Contents 3 2.0 ACTION PLANS 4 3.0 SWOT ANALYSIS 25 Memo to HR Management 28 Instructors Feedback Section 31 M1A1 - 31 References 32 2.0 ACTION PLANS 2.1 General Motors as a learning organization A learning organization is a term for an organization that implements learning for its members for its continued transformation. These organizations develop from the need to face the pressures surrounding them by enabling them to compete in a business environment (Marquardt, 2011). Sequentially, a learning organization has five concepts that govern the attainment of transformation. One, there is the system thinking in which the organization views itself as one body with different organs that make up its overall appearance. Secondly, personal mastery makes the next feature in a learning organization where an individual commits him or herself to the learning process. In addition, mental models and shared vision become the third and fourth parts of the process respectively. The former are the personal assumptions within an individual about the company while the latter is the common goal shared by all members of staff9 (Sessa & London, 2006). Lastly, the team learning aspect becomes the fifth key pillar in this organization that is mainly the collective pooling of individually learnt aspects drawn from other members of staff (Marquardt, 2011). Objectively, this paper will give the name of a company in which transformation will aim at by including the intended broad principles. Further, it will include recommendations to the chosen learning organization that may include motivation, team management, culture, ethics, and empowerment. The learning organization chosen would be General Motors Corporation. 2.1.1 Brief overview of General Motors General Motors is a name commonly associated to remarkable car brands in the world. Arguably, GM is the leading multi- state car manufactu rer with its headquarters in Detroit, Michigan in the United States. Globally, it has establishments in a hundred and fifty seven countries spread across several continents. It has over two hundred thousand employees under its wing by either employing them directly or indirectly. GM has four regional clutters namely, GM South America, GM Europe, GM North America, lastly GM International Operations. Each of these segments is charged with

Public Education Campaign on Water Conservation Research Paper

Public Education Campaign on Water Conservation - Research Paper Example Most of the efforts on water conservation have been conducted in the urban areas, particularly in the residential sector. According to Woodhouse (2009), the option of increasing the cost of water would not be viable in conserving water in these regions because the current cost is already considered high and demand for water tends to be inelastic. Hence, a voluntary approach has to be adopted through education. This paper analyzes some of the common practices of water conservation giving the benefits that result from these practices. Adopting the planning strategy suggested by United Nations Economic and Social Commission for Asia and the Pacific, UNESCAP (2002), this paper suggests the planning process for a campaign aimed at educating the public on water conservation supported by arguments from other scholarly journals and books. Introduction The security of freshwater continues to be a critical issue globally due to the increase in usage of limited resources by the increasing popul ation with subsequent decrease in availability. The unavailability of freshwater has been largely attributed to increase in pollution, deforestation and inadequate management (Zobeck & Schillinger, 2010). Therefore, to secure a sustainable future with water, there would be the need to improve the efficiency in water supply and usage. According to the UNESCAP (2002), water conservation describes the action taken to ensure efficient usage of water. It could be accomplished either by conserving water resources through efficient storage, transfer and management of raw water or by conserving water supply, which includes consumption without wastage and minimal losses in distribution. From ancient days, various methods for water conservation have been adopted. Canals were constructed so as to convey water to farm lands to improve crop production. This would mostly be accompanied by construction of reservoirs to retain water for future usage, be it agricultural or domestic use. Construction of terraces reduced runoffs while plowed fallowing, deep plowing and contouring ensured retention of moisture particularly in farm lands. Recognizing water capture as â€Å"the first step in water conservation,† Zobeck and Schillinger (2010, p. 3) argue that frequent plowing would, however, make the land devoid of moisture. Practices such as stubble-mulch tillage that emphasized the importance of covering the surface were adopted as water conservation mechanisms. Modern conservation measures include use of water saving appliances and devices such as showers and faucets, toilets, dishwashers, pressure reducing valves and insulated hot water pipes (Green, 2010). Behavioral practices of water conservation include turning off the water when brushing teeth and reducing the amount of water used per person when showering. Other approaches include operational methods where leakages would be detected in time and repaired; financial methods that include deterrent pricing of water tari ffs; and socio-political methods that include public education and legislation. The benefits to be gained from water conservation campaigns are unlimited, with Green (2010) noting that with increased budget allocation to such campaigns, there would be quantitative demand reduction which would lead to documentation of the benefit of the program. These campaigns would make the saved water available to the less privileged that do not have sustainable access to services of water supply. Zobeck and Schillinger (2010) note that adoption of water conservation measures play a critical role in promoting agriculture by curbing erosion and controlling weeds. Nonetheless, scholars concur on water conservati

Franklin D Roosevelt's New Deal Essay Example | Topics and Well Written Essays - 750 words

Franklin D Roosevelt's New Deal - Essay Example First New Deal The First New Deal started functioning during 1933 and ended during 1935, during this period, various reforms were made to strengthen the institutions of US. These reforms include the AAA or Agricultural Adjustment Act of 1933, this act was passed with the aim of insuring minimum wages for the farmers. According to this Act, farmers were paid in order to produce less so prices of agricultural produce could increase. Another reform made during the period of 1933 was the NIRA or National Industrial Recovery Act, this act was proposed and accepted in three different parts. Under this act, PWA or Public Works Administration was created for the management of government projects. The administration hired huge number of people while spending a total of $7 billion on development of projects. The Administration even created various labour procedures for working hours, competition, banning of child labour and wages. Individuals hired by this administration were paid a minimum wa ge of $1.25/hour and they were permitted to work for eight hours per week. Another adjustment made under this act was related to membership of trade unions. This act allowed trade unions to participate in business matters and these unions were legally allowed to bargain on behalf of the employees. The president even passed the Emergency Banking Act due to which banks reopened and money and gold being saved by the public were deposited back to the banks. According to this act only the best banks of US were allowed to start functioning again, and that too under the supervision of the government and these banks were lend money under compulsory situations. Banks that were smaller in size experienced shutdown and merger with banks that were larger in size, depositor’s money was returned on the basis of 85 cents for each $1 deposited by the customers. Later Glass-Steagall Act was passed by the president; the purpose of this act was to restrict the participation of commercial banks in securities firms. The president even created the Federal Deposit Insurance Corporation, though this corporation, deposits that were higher than the amount of $2500 were insured, and this move was made to decrease the risk of deposit getting out of banks. Second New Deal The second New Deal refers to the next 100 days of the presidency of Franklin D. Roosevelt, during this period; he passed various acts and created various programs for correcting the relationship between the government and the public and to further strengthen existing institutions. One of the greatest acts passed by the president was the Social Security Act, under this act under which benefits were forwarded to those who were retired and to the children of those families that that existed without a father. The pensions and the benefits forwarded to the people under this act were to be financed by the taxes paid by the citizens of US. The president even created the Works Progress Administration which helped in prov iding employment to over 8.5 million individuals who worked on the development of government projects such as roads, highways, public offices, irrigation system and playgrounds. These projects not only helped in decreasing unemployment in US, these projects even helped in building the infrastructure of US

Hyperthermia Treatment for Cancer Research Paper

Hyperthermia Treatment for Cancer - Research Paper Example We have been able to find out that hyperthermia can become an effective method in the treatment of cancer with a little careful administration because a number of studies have shown that the survival rate and the rate of responsibility towards other drugs of cancer increases when they get combined with hyperthermia. The building blocks of our body are cells. Cancer takes place when there is an abnormal growth of cells in our body. The causes of cancer are generally genetic change or a defect in the chromosome of the genes. When the cell in our body multiplies rapidly and forms a lump it is called cancer or malignant tumor. Even at such an age of advancement, it is still difficult to decipher the true causes of cancer but a variety of research carried out in this field has given some guidance with regard to the causes of cancer and its treatment. (Dollinger et al, 2002, p. 3). Effective cancer treatment needs a combination of multiple medical specialties. The scopes of new capacities in the treatment of cancer are always expanding and the specialists are constantly adopting those techniques to treat the disease successfully. A treatment process should be such that it incorporates maximum benefit in the removal of the disease. (Chabner and Longo, 2005, p.1). The aim of this discussion is to find out the effectiveness of hyperthermia as a method to treat cancer. At the same time, we will also find out as to why hyperthermia is most effective. When the application of hyperthermia becomes most effective is also one of the objectives of our study. Last but not the least we will also look at the limitations which hyperthermia has in the treatment of cancer. This discussion has mostly been qualitative in nature.  

Swot Matrix for Compass Group Essay Example for Free

Swot Matrix for Compass Group Essay The SWOT analysis that my group and I came up with took a lot of time and research to ensure that our analysis would be effective. (SWOT analysis on page? ) Strengths Our group came up with five major strengths that Compass obtains. The first major strength that Compass possesses is they have excellent customer service. Excellent customer service is a major strength to have because this makes customers want to come back and this keeps revenue up. The second strength that is entailed on our SWOT analysis is strong client relationships. This is evident in their day to day activities while dealing customers and clients. The third strength Compass possessed is they have a very diversified client base. The fourth strength is convenience. I think that Compass Group biggest strengths are that they have a diversified client base and that they are what clients view as â€Å"convenient†. Because Compass has three divisions that are station around the world it can gain different clients and be able their needs. The next strength that is entailed on our SWOT analysis is Compass Group has consistent revenue growth. This is very important when dealing with any company because revenue is what pays the expenses to run the company and without revenue the company would go out of business. The last strength is Compass group’s diversified geographic presence. Compass Group has four divisions located in four different countries making it easier to target different client in different countries. Weakness Every company has weakness or things that can be better at and Compass is one of them companies. One of Compass Group’s weaknesses is that since they have divisions all over the world, not all of the managers operate the same way. This can be a problem because as a company, you want everybody to be on the same page even if you have different divisions operating out of different countries. The second weakness is that Compass Group trades in too many countries. It is economically not worth it. The third weakness is that Compass group leverage ratios show high debt. This means that Compass Group is operating it’s company at a high risk. The third weakness that Compass Group processes is that it has very low profitability ratios. The last weakness that is on the SWOT analysis is that Compass Group Time-Interest-Earned is very high. That means Compass has a lot of money that can be allocated for other purposes. Opportunities Just like every company has strengths and weakness, they also have opportunities to make their company better. The first opportunity is that restaurant industry sales have increased sixty-six percent in the U. S since 1970. The second opportunity is that fifty-two percent of meals are eaten outside of the home. What both of these stats tell me are that more people are going out to eat instead and getting a traditional home-cooked meal and this can only help my company become more profitable. The third opportunities we saw for Compass is that the contract food service market is still growing. This is great for Compass because this gives Compass an opportunity to gain more clients. Another opportunity for compass Group to grow as a company would be to seek the military as a client. Threats The threats to a company are the most important aspect of the SWOT analysis because a threat can cost a company money and it just might run you out of business. The first threat is that the sales /employee ratio is considerable lower than other industries. This could be a problem because as a company you are not getting enough sales per employee and you are losing money because of it. The second threat to Compass Group is that menu prices increased one-two percent with higher labor costs. This could be a big threat depending on the customers because there are always going to be one or two customers complaining about the new prices but it becomes a problem when a majority of you customers start complaining then you can lose of on business. The third threat is the compass Group rival competitors control seventy percent of the US contract food market. If this threat is not lowered to somewhere among fifty percent Compass Group could lose a lot of money in the near future, because if you rival competitors control more than half or the market they can dictate the price to the market. Then, Compass Group will have to make a choice if they want to continue with the own method or play copycat. The next threat of UN investigations can bring bad press to Compass Group and maybe lose some money too due to fines, court cost and things of that nature. The last threat is the never-ending problems of oil prices. This is not a huge problem for a big company like compass group but it is a problem because with rising oil prices it costs more to ship the necessary items to their destination.

Camus: The Stranger And Existentialism

Camus: The Stranger And Existentialism Existentialism is freedom and choice. It is impossible to define existentialism. We can witness some aspects of existentialism in The Stranger. Existentialists want to direct our attention to our individuality. They force us to think about the existence and nature of God, being a Christian, our values, and our death. Only mankind defines itself through the act of living. First you exist, and then the individual emerges as life decisions are made. Existentialists also believe the greatest achievement of an individual is to realize the absurdity of life and to accept it. The concepts of existentialism are simple, mankind has free will, and life is a series of choices, which rarely without any consequences. Some things are irrational or absurd, without explanation. If one makes a decision, he or she must follow through. The decisions you make are whom you are, so choose wisely. There are several existential themes displayed in The Stranger. One of the themes is freedom. It means that wh atever happened prior to now do not influence what your next choice in life will be, we are free to make any choice we want. He displays freedom by treating his Mamans death nothing out of the ordinary, also by not showing any emotion. He shows us free will; by not being influenced of his mother dying effect on what he wants to do. The other themes are existence, the awareness of our choices, and passion, our feelings that we understand before we think. Meursault wants to live his life to in the moment; he is not concerned with the future. Meursault wants the remembrance of his life. Through this thinking Meursault displays Existence and Passion. The following theme is uncertainty. It basically says that life is unpredictable, and unexpected. He shows us exactly how unpredictable life can be. One minute Meursault is just so happy and content with the sun shining on him, when suddenly something unexpected happens and his happiness is gone. I knew that I had shattered the harmony of t he day, the exceptional silence of a beach where Id been happy. There is also a theme of individuality. All individuals are a unique member of a society. Meursault lives out his individuality when he wants a crowd of people to witness his death, and greet him with cries of hatred. This way he retains his individuality. Begging for forgiveness would just make him a member of society. He also displays reflection, by turning our unawareness into awareness. Meursault leads a pre-reflective life. His daily events are so absorbed in each moment, which he never reflects on. While in prison he sees a reflection of himself, this is when he becomes aware of what he was unaware of. The overall theme though is absurd. The absurd beliefs are that life is meaningless and without purpose. This meaninglessness implies absence of any obvious meaning to our life. Can this be explained? No, no one can explain someone elses sense of meaning or meaninglessness towards life. Meursault who is sentenced to death after killing an Arab emphasizes the difference between the morals of society and his lack of them, refusing to conform to societys standards earns him the death sentence. In the end he faintly displays responsibility. Nearing his execution he symbolically shows emotion, as he comes face to face with nothingness and the impossibility of defending his immoral choices. Meursault is an outcast in society; therefore he cannot relate to others because he does not live as they do. He cannot abide by the same morals because he does not grasp them; he is apathetic to events occurring around him. His entire being is unemotional. This distinguishes him from society, whose strict guidelines focus on right and wrong. Meursault has the capability to break down the situation, but not conforming to it as society expects him to. Life, death, the in between, is irrelevant. Meursault sees the outcome as inevitable. He cannot perceive any right or wrong in killing the Arab. The killing itself w as not out of hatred for the man, he reveals at the trial, because of the sun. The sun at the beach, similar to the sun at his mothers funeral, was beating down on him. The sun represents Meursault emotions. The intense heat and the sun are overwhelming his senses, which he cannot deal with so ends the situation. The death of the Arab in itself doesnt seal his fate. His destruction comes from his lack of emotion. Meursault has come to conclusion he must create his own meaning in life. That there is no basic meaning in life its entirely based on living itself. Until this conclusion, hes a stranger to himself as well as to others. Society believes this is unacceptable, and by refusing to conform he must pay the price. Conforming to society norms doesnt allow the individual to reach his own decisions; however, it was impossible to restrict oneself from all. The character expresses no feeling about anything. Once in a while he shows a bit of heart, but for the most part, he gives a robotic appearance. Camus conveys his existentialistic philosophy with the death of Mersaults mother. He is more concerned about the time of death, and not the fact that he just lost a loved one. The lack of compassion at his mothers funeral is not what society expects of him. This labels him as insensitive, or that he did not love his mother. As an existentialist, he accepts life as it is. An example of existentialism is the murder of the Arab. The absurdity of the murder is what makes it a good portrayal of the concept of existentialism. This shows how Mersault is not only a stranger to his experiences in life, but also to nature. The sun and his sensual pleasures act against him, which cause him to lose control. Mersau lts actions lack true conscious motives. He consciously makes the decision to take a life due to the physical discomfort of his surroundings. To him, its simple: he committed murder, time to face the consequences. There are numerous meanings to the title, The Stranger, one is that if you live a life different than what society accepts, then you are a stranger; an outcast, and will be punished by the rest of society. His trial proved this to be true. It was all about the way he acted and how different he was. This was used to prove that people who are different are judged by their character over their actions. Society refuses to understand him and to know him, therefore he is a stranger. Being a stranger to himself makes him a stranger to life. In the end he gets the meaning of life. He was able to do so because he was approaching death, death is the only certainty of life. We are responsible for the choices we make; there is no predetermination or higher power which decides morality. After reading The Stranger made me look at my life. Some of Meursaults behavior I didnt agree with, but the further I read I understand the reasons for his actions. When I started reading the book for the first ti me I was quite confused and bored, I had to re-read it to understand it better which gave me a different message each time. Meursault was an interesting character to read about. His ideas and beliefs seem wrong but also right. I was able to understand what Camus conveyed with his philosophy. In fact, I have never heard of existentialism until I read this book. Meursault is able to accept the fact that everyone dies and realizing this allows you to live a better life. He controls his own life and actions. I cant say that I understand everything about him. Nonetheless, this character had the most interesting conflicts that kept me reading. The first half of the book was filled with action and there were no direct reasons given for certain actions. In the second half, it is mainly of his self-realization about society and life. I would recommend this book to anyone who enjoys thinking after reading a book. Work Cited Andrew Irvine, Basic Themes of existentialism, http://people.bu.edu/wwildman/WeirdWildWeb/courses/wphil/lectures/wphil_theme20.htm Crowell, Steven, Existentialism, The Stanford Encyclopedia of Philosophy (Winter 2010 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/win2010/entries/existentialism/ Existentialism Philosophy: Discussion of Existentialist Quotes, Jean Paul Sartre, Simone de Beauvoir, Albert Camus http://www.spaceandmotion.com/Philosophy-Existentialism.htm/ New World Encyclopedia, Existentialism http://www.newworldencyclopedia.org/entry/Existentialism/ Solomon, Robert C. Wyatt, C. S. (1999). Existentialists: a primer to existentialism http://www.tameri.com/csw/exist/exist.html

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