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Intellectual Property Rights of Bionanotechnology in Related International Documents
Volume 8, Issue 4

Maryam Ahmadi and Leila Ahmadi

As a ‘technological revolution,’ bionanotechnology will be a key technology for economic devel-opment in the twenty-first century. Bionanotechnology has achieved remarkable success in research and development, innovation, legal protection and commercialization in western countries. Legislation and regulations are in place to assess risk, comply with safety measures (especially with respect to nanotoxicology) and regulate the outcomes of such research. With a promise of wide-spread application, bionanotechnology research is still at an early stage of development in world. This technology raises issues that are in conflict with intellectual property rights protection and non-commercial laws (such as the environmental laws or privacy rights). Rapid technological ad-vances and commercialization of the emerging field of bionanotechnology will challenge traditional international and domestic regulatory regimes, including intellectual property rights. Granting of intellectual property rights on bionanotechnological inventions could be a very contentious issue from cultural, legal, ethical and religious points of view. This could be even more complicated once it acquires an international dimension. Consequently a review of the current international patent framework for this emerging technology is crucial. This paper will focus, with respect to current and future bionanotechnology, on the applicability of the patent provisions of TRIPS Agreement, the Directive of the European Parliament and of the Council on the Legal Protection of Biotechnological Inventions, and the provisions of the European Patent Convention pointed to the field of bionanotechnology. With the commercialization of bionanotechnology already occurring, exploration of the international intellectual property and bionanotechnology interface is timely.

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