Thursday, October 31, 2019

Lecture Notes Case Study Example | Topics and Well Written Essays - 1500 words

Lecture Notes - Case Study Example Heat Exchanger found within the main furnace unit. When the system is turned on, heat air drawn into the air exchanger from outside of the building through a cold air return chase, which draws cool air from the interior of the building as it’s replaced by warmed air. Evaporator Coil; supplies cooled air for the furnace blower to distribute through the ducts or airways and is made of metal tubes surrounded by thin aluminum fins, which cool the air similar to a radiator in an automobile. Condensing Unit; located outside of the building and has a compressor that condenses refrigerant gas, cooled by heat exchange with the outside air, to a fluid, then pumps the fluid through a metal line to the evaporator coil in the furnace unit. As it passes through the evaporator coil, tiny spray nozzles spray the cooling fluid into a chamber, which lowers the pressure and the fluid evaporates back into a gas. In a building, they are supplement as they provide thermal comfort during cold weather, and fresh air within the reasonable distance from where they have been installed. They also minimize air infiltration and ensure pressure in different parts of a building is in equilibrium. They also ensure room air distribution. Some of it components include a thermostat, furnace, heat exchanger, condensing unit, refrigerant lines, and evaporating coil. In a building they serve various purposes which are usually perceived to be of help than harm; a thermostat is a temperature sensitive switch, used to control the HVAC system. When temperature lowers beyond room temperature switch the system to heat the room in therefore rising to the require room temperature. It also switches off the system if the optimum is achieved to prevent further heating. In this it enables the HVAC system to regulate the temperature of the building. High temperatures n a building causes a lot of

Tuesday, October 29, 2019

Gender Stereotypes Essay Example for Free

Gender Stereotypes Essay Simply put, gender stereotypes are generalizations about the roles of each gender. Gender roles are generally neither positive nor negative; they are simply inaccurate generalizations of the male and female attributes. Since each person has individual desires, thoughts, and feelings, regardless of their gender, these stereotypes are incredibly simplistic and do not at all describe the attributes of every person of each gender. While most people realize that stereotypes are untrue, many still make assumptions based on gender. There are many stereotypes we may all be guilty of, such as assuming that all women want to marry and have children, or that all men love sports. The following is a list of some of the most common gender stereotypes as they pertain to either men or women. Remember that these are stereotypes because they claim to apply to all men or women. Female Gender Stereotypes Gender stereotypes begin the second a baby’s gender is found out. As soon as we find out it’s a girl, we immediately begin decorating a pink nursery filled with soft dà ©cor and butterflies and flowers. We assume that our daughter will be very girly and fill her closet with frilly dresses and her toy box with tea sets and dolls. What this is essentially doing, even though many parents don’t realize it, is setting our child up to be the perfect lady, and teaching her how to be the stereotypical woman. We are teaching her that girls are supposed to wear dresses, serve food, and take care of babies; the biggest and most common stereotype put on women. Have you ever watched a little girl playing house? Even as young as five or six, she is well aware that she is supposed to stay home with the baby while the husband goes to work, and she has dinner ready when he gets home. Here is another stereotype; women stay at home while men go to work. While there are a million gender stereotypes about females, these are definitely the biggest, and the most debated by feminists of today. Some other stereotypes include: Women are supposed to have clean jobs such as secretaries, teachers, and  librarians Women are nurses, not doctors Women are not as strong as men Women are supposed to make less money than men The best women are stay at home moms Women don’t need to go to college Women don’t play sports Women are not politicians Women are quieter than men and not meant to speak out Women are supposed to be submissive and do as they are told Women are supposed to cook and do housework Women are responsible for raising children Women do not have technical skills and are not good at hands on projects such as car repairs Women are meant to be the damsel in distress; never the hero Women are supposed to look pretty and be looked at Women love to sing and dance Women do not play video games Women are flirts Women are never in charge Male Gender Stereotypes Stereotyping is no different when it’s found out that a boy is on the way. The nursery is decked out in blue, his closet is filled with tiny jeans, polo shirts, and boots, and the theme is usually something like jungle animals or dinosaurs; something tough. Boys’ toys consist of trucks, dinosaurs, action figures, and video games. From the beginning boys are taught to be tough, to be protective, and to defend themselves. Boys are taught that daddy’s go to work and mommy’s stay at home; from their point of view, boys have fun and girls do all the work. Are you surprised to hear that most parents admit that they do not teach their sons how to do chores such as washing dishes or folding laundry? Instead, they teach them to take out the trash and mow the lawn; from the get-go boys are made to think that certain household chores are women’s work. This is a major stereotype, but the majority of American households  today would prove this to be true. Men are supposed to do the dirty jobs and anything that requires muscle, they are also supposed to go to work and provide for the family. Little boys see this and the stereotype continues. Other gender stereotypes that inaccurately try to describe all men are: All men enjoy working on cars Men are not nurses, they are doctors Men do dirty jobs such as construction and mechanics; they are not secretaries, teachers, or cosmetologists Men do not do housework and they are not responsible for taking care of children Men play video games Men play sports Men enjoy outdoor activities such as camping, fishing, and hiking Men are in charge; they are always at the top As husbands, men tell their wives what to do Men are lazy and/or messy Men are good at math It is always men who work in science, engineering, and other technical fields Men do not cook, sew, or do crafts Can you see how many of these actually are true of many men or women that you know? They may even be true for you personally, but they do not apply to every single man or woman alive. That is what makes them stereotypes; the fact that these things are considered, the norm and expected of every male or female. Each person is an individual and it is perfectly normal for a woman to run her own business while a man stays home with the kids. On the other hand it is also perfectly acceptable for a man to be a nurse or hate sports, or enjoy cooking. Men and women are individuals; they are more than just male or female. Our gender is only part of who we are; it does not define us as people.

Sunday, October 27, 2019

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

Friday, October 25, 2019

Essay on Walt Whitman and Emily Dickinson -- Biography Biographies Ess

Walt Whitman and Emily Dickinson    In America’s history, there have been so many writers, but only few are known for changing the course of American literature.   Two writers that fit this description are Emily Dickinson and Walt Whitman.   These two poets have different styles of writing but possess the same themes from the social environment that they are surrounded in.   The poetry reflects these poets’ personality and their own style of writing.   Whitman had an outgoing personality, while Dickinson had a quiet and reserved approach to writing.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Walt Whitman, born on May 31st, 1819 is said to be way ahead of his time.   He had the better of two worlds growing up.   He experienced nature, but he was close enough to the city to see the industrialization of Brooklyn, New York.   Walt attended school until the age of 11, then he went on to be an office clerk, and even taught school.   Emily Dickinson was born in 1830 to a religious family from New England. Emily learned to cook and sew as girls were often taught at her age.   She attended boarding school surrounded by girls with high spirits who loved to have fun.   Emily quoted about her personality, â€Å"A mourner among the children† (372).      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Even though these two poets are from the same time frame, they each had diversified influences. Some of Whitman’s influences include Sir Walter Scott, t... ..., while Dickinson fulfilled them.   The book says this of Dickinson; â€Å"She perceived the relationship between a drop of dew and a flood, between a desert and a grain of sand. These perceptions helped her make metaphors that embraced experiences far beyond the limited compass of Amherst village life† (373).   The literature book says this of Whitman, â€Å"Suddenly, poetry was no longer a matter of organized word structures that neatly clicked shut at the last line;† (350).   Even though these two writers were so different in so many ways, they obtained what the other had not done. Whitman popularized free verse, while Dickinson cherished the use of metaphors and ideas of comparing two like things to make a deeper meaning to everything in life. Essay on Walt Whitman and Emily Dickinson -- Biography Biographies Ess Walt Whitman and Emily Dickinson    In America’s history, there have been so many writers, but only few are known for changing the course of American literature.   Two writers that fit this description are Emily Dickinson and Walt Whitman.   These two poets have different styles of writing but possess the same themes from the social environment that they are surrounded in.   The poetry reflects these poets’ personality and their own style of writing.   Whitman had an outgoing personality, while Dickinson had a quiet and reserved approach to writing.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Walt Whitman, born on May 31st, 1819 is said to be way ahead of his time.   He had the better of two worlds growing up.   He experienced nature, but he was close enough to the city to see the industrialization of Brooklyn, New York.   Walt attended school until the age of 11, then he went on to be an office clerk, and even taught school.   Emily Dickinson was born in 1830 to a religious family from New England. Emily learned to cook and sew as girls were often taught at her age.   She attended boarding school surrounded by girls with high spirits who loved to have fun.   Emily quoted about her personality, â€Å"A mourner among the children† (372).      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Even though these two poets are from the same time frame, they each had diversified influences. Some of Whitman’s influences include Sir Walter Scott, t... ..., while Dickinson fulfilled them.   The book says this of Dickinson; â€Å"She perceived the relationship between a drop of dew and a flood, between a desert and a grain of sand. These perceptions helped her make metaphors that embraced experiences far beyond the limited compass of Amherst village life† (373).   The literature book says this of Whitman, â€Å"Suddenly, poetry was no longer a matter of organized word structures that neatly clicked shut at the last line;† (350).   Even though these two writers were so different in so many ways, they obtained what the other had not done. Whitman popularized free verse, while Dickinson cherished the use of metaphors and ideas of comparing two like things to make a deeper meaning to everything in life.

Thursday, October 24, 2019

Carnival Corporation Case Study Essay

Carnival Corporation as the largest cruise line in the world is being a leader and innovator in the cruise line industry. Many of the onboard activities and services were introduced to strengthen the competencies between competitors. The challenges of the Carnival were being overcome by the management with creative and innovative strategies. As a corporate entity, Carnival did not refuse to withdraw money to settle the ocean pollution charged by public. The expansions of cruise line market via acquisition of a few subsidiaries dominate the cruise line in the world. 1. Strengths (internal factors) First, the largest cruise line in the world, as the leader and innovator in the cruise industry (growth from two converted ocean liners into an organization with multiples cruise lines). Second, the belief of management and Board of Directors that the company will grows better. It motivates the employees to work hard. Third, internal grow in term of vessels that approximately ten vessels are under construction. Fourth, employees loyalty (the longest period employees remain in this organization is around eight years) because Carnival management treating well to their employees in terms of wages). Fifth, creative and innovative corporate officers that is ready to face challenges. Sixth, Carnival has operational experience and economic of scales that causing them to have lowest break even point in the same industry. Weaknesses First, in 1972, the speed of ship was slow. Second, the long-term debt within 1999 and 2001 is increased (the payback of debt may lower the revenue and thus decreasing the dividend payment for shareholders). Third, the expand market (business) of Carnival causing the difficulty in managing the business. Fourth, reducing on net income in 2001 is because of higher costs and expenses. 2. Opportunities (external factors) First, the expansion through acquisition can reduce the competitors in same industry and has the ability to compete with other competitors (lower advertising costs). Second, collaboration with travel agents can promote cruises. Third, the industry is expected to have bright future in passengers, consolidation through mergers, buyout, and smaller cruise operator failure, and the expansion of the industry worldwide. Fourth, expand of target customers from older people to younger people. Fifth, expand of onboard activities (casino, disco, and nightclub). Threats First, terrorist events that were happen in 11 September 2001. Second, negative publicity in 2002 where Carnival subjected by the ocean pollution charges and â€Å"Norwalk-like† virus that affect the cruise industry. Third, the increased of fuel costs and airline costs that affect the industry. Fourth, the failure of Carnival discontinued operations of Fiesta marina Lines that affect the company image. Fifth, Persian Gulf War that was increased competitors in the cruise industry especially in Caribbean area. Sixth, Royal Caribbean Cruise Lines had institute a major shipbuilding program that challenges Carnival. The emergence of Walt Disney Company in the cruise market; and the prospect of new ships on the horizon give impact to the â€Å"family† cruise vacation segment. 3. Core competencies Yes, Carnival has core competencies because it is the competency crosses divisional boundaries, Carnival can do exceedingly well, and must continuously reinvest in it: i) Adding diversion onboard – such as disco, nightclubs, casino, and others. Carnival also tries to attract younger cruisers by providing vacation package that included airfare to the port of embarkation and home after the cruise. ii) Product positioning – Carnival believes that cruise market comprised to three segments (contemporary, premium, luxury) with different passenger demographics, characteristics, and growth requirements. iii) Travel agents – collaborate with travel agents to promote cruises. Carnival also training travel agents from nonaffiliated travel firm to sell cruises. 4. Distinctive competencies Yes, Carnival has distinctive competencies because distinctive competency is the superior to those of the competitions and difficult for competitors to compete with Carnival: i) Investment in new ships – Carnival is expanding its internal growth by investing in new ships. The ships under constructions are around 10 vessels. It is difficult for other competitors to invest in these large numbers of ships in same period but Carnival can do. ii) External expansion through acquisitions – Carnival has five subsidiaries that control the major cruise lines in different countries. This causing Carnival becomes as the largest cruise line in the world. 5. What trends are emerging in cruise industry?  i) The adding diversion onboard such as planned activities, disco, nightclubs, casino, and other forms of entertainment activities (different kinds of activities that suitable for different ages of target customers). ii) Moderate priced vacation for younger cruisers that included airfare to the port of embarkation and home after the cruise. iii) All inclusive packages that began with bags were tagged for the ship at the airport, air-conditioned bus, meals, onboard activities, house keeping service, until passengers were transported back to airport. iv) Love story movie such as â€Å"Titanic† and â€Å"Love boat† that promote the romance onboard encouraging couples to join cruise. 6. Marketing strategy i) Price – moderate price (vacation packages) that middle-class clients afford to pay. Prices for different levels of rooms are charged according to the customers needs. ii) Product – vacation package that suitable for the clients aged. Other onboard activities such as casino and disco. The service from picking up the clients at airport to board and dropping clients again at airport. iii) Place – Caribbean ports and other destination such as Walt Disney World, Holland, and Costa, as long as the clients want to go. iv) Promotion – some of the promotions are done by travel agents. The â€Å"Fun Ship† cruise that with designated shipboard party and everyone is welcomed by Carnival is another success promotion. 7. The importance of travel agents The travel agents will help Carnival to promote the cruises as an alternative to Disney or European vacation. For people who never take a cruise in their life, or afraid of taking a flight to the destinations will be attracted. Thus, it shows that the important role of travel agents to Carnival. Besides that, not only attracting clients to take a cruise as the core business, selling cruise is also part of the Carnival business. Thus, Carnival is training travel agents from nonaffiliated travel firms to sell cruise. Because of the attractive benefit in term of money provided by Carnival, in year 2000, Carnival took reservations from about 29000 travel agencies to promote the business. And, it proves that this strategy in promoting cruises either to attract clients boarding the cruise or selling the cruise is succeed. 8. Flight or cruise? We will choose cruise because we have not travel yet to some where by cruise before. i) In our opinion, although the price for a cruise might be higher a bit than to take a flight to Caribbean island that we can afford to pay. By choosing a package for the cruising is worth because there will be variety of services that suitable for us as active younger cruisers rather than just to sit in the flight and we have nothing to do. ii) Even though cruise may take a longer time to reach Caribbean island, the final destination that we will reach is Caribbean island no matter we take a cruise or flight. Thus, we can enjoy the onboard facilities that we have paid for. Disco, nightclubs, gym room, cinema, and casino are the places that we seldom go for but we can enjoy if we take a cruise for this vacation. iii) Cruise is a place that we can relax ourselves since the purpose of travel is to relax our mind. The sea view from a ship can make us happy and reduce our stress. On the other hand, we c an also meet some new friends through this trip. iv) Besides, we can experience some exotic destinations when the cruise will sail in the ports. The cruisers can come down from the vessel and visit some famous spots. Adversely, if we take flight, we can’t visit anywhere except just transit in airport. 9. Evaluation of Carnival’s targeting to specific target market i) Contemporary segment – served by Carnival ships, featured a casual ambiance. ii) Premium segment — served by Holland America, for longer market and appealed to more affluent consumers iii) Luxury segment – served by Seabourn and Cunard, catered to experience cruisers. The above are the target market for Carnival. Each segment has different types of costs to be charged to consumers. For the contemporary segment, it is more suitable for family and people who need relaxing during a short period of holidays. The price is cheaper than premium or luxury segment. For the premium segment, it is more suitable for affluent consumers, who need a longer period to relax. It normally targets an older people to board because the facilities in the ship are more suitable for their ages. This segment of cruise will have more cabin or public space per person. In term of price, it is the most expensive and little people can afford to pay. The price for this segment is higher than contemporary segment. Not everyone will prefer this segment of cruise because they need to consider the available time for taking the cruise. The luxury segment targets for extremely rich consumers where they were served as â€Å"king† and â€Å"queen† in the ship. The consumers who taking this segment of cruise can show that they have a higher social status and prestige is the main consider by consumers. 10. Strategic management in Carnival Carnival has a very unique and successful strategic management in cruise industry. During terrorist events in 2001, the world cruise industry was negatively impact by it. However, to overcome this problem, Carnival offered a deep discount to lure back the passengers. In year 2002, Carnival was subjected to the ocean pollution charges. The company was withdrawing $18 million to overcome this issue. This strategy is not only to overcome the issue ethically but also to maintain the company image. Carnival is doing well in pricing strategy where they offer different kinds of packages with moderate price for different kinds of customers. To improve the core competency of the company, Carnival tried to increase the services onboard and adding diversions onboard. Even though other cruise company can imitate this strategy but Carnival is the first to invent the same strategy that succeeds to gain revenue from it. Carnival tried to introduce new strategy to make more convenience to consumers such as the â€Å"all-inclusive package†. The main purpose of this strategy is to maximize the satisfaction of consumers on Carnival services. Finally, to reduce the competition in cruise industry and to compete with other competitors in the same industry, Carnival did acquisition on many cruise lines as subsidiaries. The expansion of Carnival in cruise line market through acquisition can tighten the status of Carnival in cruise industry. 11. The advantage of being a CFC The individuals (foreigners or locals) who held the stocks of Carnival under the CFC status are incorporation exempt shipping operations of United States persons from income tax. Carnival with all of its income (except of United State source of income from transportation, hotel and tour business of Holland America) would be exempt from United State federal income taxes at the corporate level. This exemption not only can increase the revenue of Carnival, it also allows the company to have more funds (liquidation assets) to run more projects or activities for the company. The reason of government to give exemption to Carnival is because to encourage this industry to growth and attract more passengers boarding on ship, especially the ship with casino. It will increase the government sources of money. 12. How to maintain low costs, high level of service? i) Vertical integration or outsourcing – Carnival can try to produce in-house or outsource the products or services in related industries such as shipbuilding, meal preparation industry, and transportation (bus). This is because either vertical integration or outsourcing, which contributes the lowest cost, will be the choice of Carnival to either produce in-house or to outsource the needs. The good relation with suppliers can guarantee the best quality of the products or services. The in-house produce (vertical integration) can guarantee for the high level of products and services quality. ii) Maintain employees – Experienced employees can be the senior for the new comers. They can train and guide the new workers while doing a task rather than the company to send them for training course. Thus, maintaining experienced employees can save the labor cost and maintain the service quality to passengers. iii) Maintain crui se standard (such as sanitary standard) by periodically checking to avoid break down during cruising and it may need higher cost to repair and bring inconvenience to passengers. Conclusion The success of Carnival is depends on the innovative Board of Directors and management. The growth of cruise market becomes more significant because of the low fares high quality of service. Carnival is dominating the cruise line market but they still do investment in improving the services so that to avoid the core competencies become the weaknesses of the company. Even though the net profit of year 2001 is decreased but it did not mean that they have weak internal control. External factors such as increased in fuel cost also are considered the factor in the declining profit. Finally, Carnival has the potential to grow in cruise line market because they already gained the experience in cruise line and they have strong financial to support many cruise activities.

Tuesday, October 22, 2019

Impact of power and politics in organisations Essay

More than 40 years ago, Harold Lasswell (1936) defined politics as â€Å"the study of who gets what, when and how†. Certainly who gets what, when, and how are issues of fundamental importance in understanding formal organizations. Nevertheless, organizational politics and power are both topics which are made conspicuous by their absence in management and organization literature. Therefore, power and politics in an organization can now be defined as the management of influence to obtain ends not sanctioned ends through non-sanctioned influence means. The issue of whether or not organizational politics negatively impacts performance requires a specification of the dimensions that are to be used in evaluating organizational performance. For our purposes, performance in an organization refers to any of the standard indicators of organizational well-being, including profit in the case of a business firms and the ability to get projects completed and within budget with respect to non-profit organizations. Making organizations more innovative, responsive and responsible requires focusing on a number of leadership, power and influence issues. These issues are critical in coping with the strategic environmental with all its characteristics and strategic leader performance in that environment. The issues influence developing teams at the strategic level as well as managing organizational processes linked to values and ethnics, organizational culture, visioning and the management of change, such issues include; †¢ Implementing strategic or adaptive change in the face of formidable resistance. †¢ Fostering entrepreneurial and creative behaviour despite strong opposition. †¢ Gaining resources and support from bosses whose personal agenda might include organizational harmful political games. †¢ Avoiding destructive adversarial relationships with others whose help and cooperation are paramount to your success, but who are outside your chain of command and your direct control. †¢ Building and developing an effective teams in an internal environment where the natural tendency is to conflict with each other. †¢ Fostering organizational excellence, innovation and creativity, and not getting mired in bureaucratic politics or dysfunctional power conflicts. For most leaders in an organization, the key to successful implementing organizational change and improving long term performance rests with the leader’s skill in knowing how to make power dynamics work for the organizational, instead of against it. In John Gardner’s power in organization’s he wrote about leadership and power in organizations, notes, â€Å"of course leaders are preoccupied with power! The significant questions are: what means do they use to gain it? How much do they exercise it? † To what ends do they exercise it? He further states, â€Å"Power is the basic energy needed to intimate and sustain action or, to put it another way, the capacity to translate intention into reality and sustain it†. Power is the opportunity to build, to create, to nudge history in a different direction. The concept of organizational politic can be linked to Harold Lasswell’s (1936) where politics involves the exercise of power to get something done, as well as to enhance and protect the vested interests of individuals or groups. Thus, the use of organizational politics suggests that political activity is used to overcome resistance and implies a conscious effort to organize activity to challenge opposition in a priority decision situation. Because of scarce resources and enduring differences, conflict is central to organizational dynamics and power is the most important resource. Conflict is more likely in under bounded systems (less regulation and control) in an over bounded system with power concentrated to the top. Jeffories makes the point that organizations play the political game within the broader governmental context, but these individuals also play politics within organizations. And power is key in both cases, because it confers the ability both to allocate resources- in itself a way to increase power and to consolidate power by bringing others with similar goals and objectives into the inner decision making core. Drummond, Helga asserted that organization diversity, interdependence, resource scarcity, and power dynamics will inevitably generate political forces regardless of the players. Organizational politics cannot be eliminated or fantasized away. Leaders with s healthy power motive can learn to understand and manage political processes in the organization. Power in an organization is attractive because it confers the ability to influence decisions, about who gets want resources, what goals are pursued, what philosophy the organization adopts, and power also gives a sense of control over outcomes and may in fact convey such enhance control. In conclusion, the impact of politics and power cannot be over emphasized because it is the only means through which an organization can achieve it goals and objectives without being too personal. SOURCES 1. Drummond, Helga (2000): introduction to Organizational Business. 2.Allen, R. W, & Porter, L. W. : Organizational politics and its effects on members. 3. Harold Lasswell: Organizational politics and its effects on members. Organizational behaviour 4. David K. Banner: Designing effective organisations 5. Stephen Robbins: The Truth about Managing People and Nothing but the Truth. 6. Willie E. Hopkins: Aligning organizational subcultures for competitive advantage 7. Mishane and Von Glinow: Organisational behaviour 8. Kreitner and Kinicki: Organizational behaviour 9. Stephen J. Zaccaro: The Nature of Organizational Leadership.

CHAPTER 5 NOTES

CHAPTER 5 NOTES Extra Credit #5-Mini Project Chapter 5: Philosophy of Religion Notes (How I study) Rewriting notes Working def of religion- a community which, through faith, knows God exists. And they worship his God and "Â ¦based on faith (belief based on faith).Working def of God- the Christian God that is all-mighty (omnipotent) strong, powerful, all-good (omni benevolent), all-knowing (omniscient) knows everything, all-present (omnipresent) everywhere at once, and created everything (omni creative) created the universe and everything.Working def of philosophy- the search for certain objective knowledge and truth, based on observations (empirical evidence) or on reasoning (rational evidences), but not on faith (intuitive evidence).Empiricism- the belief that all knowledge is ultimately based on sense experiences or observation.Rationalism- the belief that true knowledge is based on reason, or logic.Objective- something that is true independent of human existence. Note that an objective truth is true for all people at all times.Bertrand Russell 1907Subjective- something that is true only for certain individuals or a single individual. A subjective truth is only true for some people, some of the time.Bertrand Russell- figure out where you are (what you believe), figure out where you want to go (what you want to believe), figure out how to argue convincingly from where you want to be, if you can do so, then you have good reason to believe your desired belief.Theism- belief in the existence of God.Atheism- the belief that God does not exist.Agnosticism- uncertainty about the existence of God, or belief that it is impossible to know whether God exists or not.The Ontological Proof Rational-based on reasoning (reason and logic"Â ¦just think) Anselm of Canterbury- believed that for something to exist, it must exist in both the outside world and inside.Descartes- revised Canterbury's philosophy and said that to exist...

Sunday, October 20, 2019

3 Tips for Staying Focused at Work During the Holidays

3 Tips for Staying Focused at Work During the Holidays Don’t let your holiday shopping, budgeting, travel-planning- or the weather!- get the better of you this season. Stay focused on wrapping up your year and gearing up for 2017. 1. Deflect the interruptionsThe holidays are always extra distracting. Prepare yourself for the inevitable onslaught and don’t let yourself give in. Instead, use the interruptions to structure your day. Online shopping session? Office cookie break? Set these as deadlines for you to work toward and remain diligent  until its time for your break.2. Look for the right projectsEveryone’s schedules are erratic during the holidays. If you’re stuck working when everyone else is out of office, use the peace and quiet to get work done on your pet projects and big picture tasks. And don’t forget that holiday parties and lingering team lunches can be a great networking opportunity, rather than a waste of time.3. Don’t take it homeStaying focused at the desk means you don’ t have to stay late to get ahead or be on your email 24/7. Make sure to save your off-work hours for all of those distractions you’ve been fending off so successfully. Save time for your shopping and traveling and package-mailing and savor it. Guard it, even. And if you’re worried about getting those things done, schedule them as though they were after-hours meetings.Being mindful about distractions and staying focused will make you more relaxed throughout the holiday season. You’ll probably find you’re way ahead of the game once the fun is over and everybody’s back at work.