Patently obvious: Intellectual property rights and nanotechnology

Abstract

Rapid technological advances and commercialisation of the emerging field of nanotechnology will challenge traditional international and domestic regulatory regimes, including intellectual property rights. This article examines the role of the World Trade Organisation's Trade-Related Intellectual Property Rights Agreement as a global regulatory device for nanotechnology, and questions the applicability of the Agreement with respect to current and future nanotechnology applications. With the commercialisation of nanotechnology already occurring, exploration of the international intellectual property and nanotechnology interface is timely. Early recognition of uncertainties will enable policy makers the ability to balance the needs of commercial investors and innovation against the broader objectives and ideals promised by nanotechnology.