Nano is nano is nano or: Nanotechnology - A European legal perspective

Abstract

In Europe, nanotechnology is perceived as one of the innovative technologies that may drive technological progress. At the same time, Europe historically has followed an approach to cautiously but proactively regulate new technologies, instead of taking a wait-and-see approach. This article discusses how the European legal system bridges the requirements of regulation and the opportunities of innovation. It focuses in particular on the question of the definition of nanotechnology, as any legislation has to start with a clear understanding of its scope, which typically is achieved by definitions. The article, in part 1, addresses the current state of play when it comes to regulation of nanotechnology in the European Union. In part 2, we discuss how nanotechnology is approached under the European patent system and how the upcoming new European patent system may see a convergence of innovation and regulation.