1. UKM Learning and Research Repository
2. PHD Thesis / Tesis PHD
3. Faculty of Law / Fakulti Undang-undang

Title:	Patentability Of Nanotechnology Inventions In Iraq: A Comparative Analysis With USA, EU And Malaysia
Authors:	Nabeel Mahdi Kadim (P57018)
Supervisor:	Zinatul Ashiqin Zainol, Associate Prof. Dr.
Keywords:	Patentability Of Nanotechnology Inventions Nanotechnology Inventions Comparative Analysis Of Nanotechnology Inventions Universiti Kebangsaan Malaysia--Dissertations
Issue Date:	11-Jul-2013
Description:	Nanotechnology which is an embryonic technology dealing with and manipulating of materials in nanoscale (between 1 and 1000 nanometer) has captured the attention of scientific scholars, legal scholars and investors. This thesis examines the application of patentability requirements on nanotechnology inventions. A comparative analysis of various primary and secondary sources on the TRIPs Agreement and American patent law reveals that both the TRIPs Agreement and American patent law allow the patentability of nanotechnology inventions. However, in Malaysia and Iraq, the law on this is not clear. Adopting a doctrinal and comparative approach, the thesis found that there is adequacy of the general ideas of the requirements to meet the challenges of nanotechnology inventions; however they have to be applied in an open-minded way based on the principal philosophy of these prerequisites. This thesis proposes that Malaysia and Iraq should follow the American approach, in which the notion of 'person having ordinary skills in the art' has been modified. As nanotechnology is a high-level field in which the notion of unimaginative skilled person cannot survive, the prevailing position in American is that the skilled person in the pertinent art plays a key role in the assessment of the alleged invention, the level of inventive faculty of this person has been enhanced to equip him by having some imagination in his filed. The same approach can be adopted in Iraq and Malaysia but modified to suit the local needs. However the level of inventiveness as adopted in the USA cannot be espoused literally in Iraq and Malaysia. The thesis further proposes enacting subsidiary legislations which further clarifies the criteria of creativity and scientific faculty in person skilled in field of the nanotechnology.,PhD
Pages:	244
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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