Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.572539
Title: Intellectual property rights for nanotechnology
Author: Norain, Ismail
Awarding Body: University of Newcastle Upon Tyne
Current Institution: University of Newcastle upon Tyne
Date of Award: 2012
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Abstract:
The purpose of this study is to examine intellectual property (IP) protection for nanotechnology, comparing the laws of Malaysia with those of the United Kingdom (as a member of the European Union and European Patent Convention). As well as analysing current primary and secondary legal sources, a small number of discrete interviews were conducted with key nanotechnology scientists in Malaysia and the United Kingdom to ascertain the nature and development of nanotechnology in the jurisdictions under study and to explore the experts’ perceptions of IP laws, including the pattern of protection that might be expected as the technology matures. This study argues that current intellectual property rights are appropriate to govern nanotechnology creations, so that there is no need to devise a new form of IP right for nanotechnology. The emphasis in the IP literature to date has been on patent law, but this study argues that the law of breach of confidence is also very significant, despite difficulties presented by the technology. Furthermore, from qualitative empirical and doctrinal evidence, other forms of IP protection may be applicable to some extent. This study also investigates the current term protection of different forms of IP which may be relevant to nanotechnology, including the possible application of Supplementary Protection Certificates to allow for the time taken by nanotechnology products to enter the market. Finally, some recommendations are made for both Malaysia and the United Kingdom to protect nanotechnology appropriately.
Supervisor: Not available Sponsor: Universiti Teknikal Malaysia Melaka (UTeM) ; Government of Malaysia
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.572539  DOI: Not available
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