Local Labour In The Construction Industry

Local Labour In The Construction Industry Chapter 1 1.0 Introduction Malaysia is now experiencing a new era of prosperity. The government invented and implemented a series of five year development plans and laid the foundation for the development in the country. Since the 60s, Malaysias economy grew rapidly and many jobs were created in the construction industry. In the early of 90s, Malaysia is facing lack of labour and there was a shortage of labour in the manufacturing industries. The labour shortage then expanded to the construction industry. The economic growth in the past two decade has led to a higher standard of living which also contributed to the locals objection to the 3D (dirty, demeaning and dangerous) sectors, which were eventually filled up by unskilled foreign workers. Malaysia is too depend on foreign workers, especially in our services industry or 3D industry. This doesnt contribute much to our economy as most of the income received by these workers are channelled back to their home countries but not use in Malaysia. This also mean there are high cash outflow. The government consider foreign workers as a cheap source of labour that could enhance the countrys export competitiveness had been encouraging the deployment of foreign labour in the 1990s. Prof Datuk Dr Mohamed Ariff of the Malaysian Institute of Economic Research believes that if Malaysia had not allowed the massive influx of foreign workers, local manufacturers would have been forced to innovate and automate to boost productivity to maintain their competitiveness. (Kok, 2011) The governments effort in reducing the countrys dependence on low-skilled foreign workers has been ongoing, as evidenced in the gradual reduction in the number of registered foreign workers over the last two years. The target is to reduce the number of foreign workers to 1.5 million by 2015. Many economists feel that what Malaysia needs is skilled or highly skilled workers, not cheap, unskilled foreign workers. (Alan Ting, 2008) 1.1 Problem Statement Many foreign workers site nowadays getting more and more, as they have a big group, they starting to cause a lot of problem, especially social and security problems. Recently from The Star News (20th June 2007), happened that a group of foreigner involved in fights, widespread break-ins and drug pushing have become a common sight at Klang. According to Ahmad, 1996. To avoid these problem happened, Contractor should hire local workers, but local workers are not interested to undertake the construction works. Contractors argue that they no longer could find local workers willing to work in construction industry because the salaries are low. Besides, construction industry is viewed by local as 3Ds job which mean Dirty, Dangerous and Difficult job. Local youth nowadays has less interest to work in the construction industry. This can affect the speed of development in construction industry. The reason that local workforce is not interested on this sector is they think that the job is dirty, dangerous and difficult to face. Therefore it results the industry are forced to hire foreign workers to keep the industry develop. (Shiadri Binti Saleh, 2008) Secondly, the group of foreign workers hired by the industry basically unskilled, so contractor or his assistant need to teach and advice the foreign workers while constructing building.(P. Larcher, 2001) Besides, the unskilled and problematic workers will not only cause delay in project completion but also cause poor quality of works which is not meeting the industrys skill standard. (Bachan Singh, 2011) Nowadays, construction companies are learning to pay low wages often results in poor workmanship, which effects both the quality of the products being produced, as well as the companys overall reputation. Low-cost labour can translate into unskilled labour, and in order to remain competitive in todays global market, companies must keep pace with the continuous advances in technology. (Amber Keefer, 2012) Poor workmanship of foreign labour can cause defects. According to Kurt Arnold, defects are from poor workmanship devalue property and can lead to additional damage to structures and materials. Poor workmanship is frequently the root cause of construction defects. Even quality building products, if installed or used incorrectly, it may fail to effectively serve their intended purposes or last as long as they are designed to last. Due to Local young have less interest on construction industry, CIDB is working hard to attract more local skilled workers. The implementation of accredit skilled workers system was to maintain a high standard workforce. These workers will get higher salaries than normal labourers. 1.3 Aim To study the factor that led to the poor participation of local labour in the construction industry. 1.4 Objectives To identify the advantage and disadvantage of poor participation of local labour in the construction industry. To determine the factors that led to the poor participation of local labour in the construction industry. To find out the strategies to improve the participation of local labour in the construction industry. 1.5 Scope of Study Firstly, the questionnaire will be set out with about 30 questions and target to send out 100 sets. Then, the respondents that I am aiming is Contractor of Malaysia. To get a contractor which is easier to consult and can give more information, it would be Class A contractors . Class A contractors are chosen because the job scope of them are very wide (such as mostly on infrastructure) and the worker or labour require by them are a lot. So we can get information about what kind of labour he is using( local or foreign) and the reason they choose the type of workers. I will find contractor class A at KL area, because mostly the infrastructure project will be having there. Such as MRT project. Kuala Lumpur is a high developing area. So, there are much more infrastructure need to be completed by contractor class A. After collecting the data, then data will be analyzed by using statistical method to ease us compare and conclude the result. Finally, conclusion and recommendation can be make from the overall data collected and questionnaire. 1.6 The methodology flow chart Selected Topic of Study Statement of Problems Determine the Critical Factors Determine the Advantage and Disadvantage of Local Labour Conclusion Recommendation / suggestion Data Analysis Questionnaire Determine the strategy of Improvement Data Collection Literature Review Define Objectives 1.7 Significant of Study The study of the topic is mainly to identify the factor that lead to poor participation of local worker in construction industry, follow by the causes and the solution to attract more local people to the construction industry. This is important because factor can tell us that the problem and why the young today are not interested on construction industry. Next, we can know causes of the lack of participation of local people in construction industry. Such as, it can cause the industry over depending on foreign worker. Thus over hire foreign worker can cause a lot of thing to happen, such as, cultural pollution, social problem and even outflow of Malaysias money. After all of these are identified, then we can find some solutions to prevent or reduce happening of these. Besides, from this study, it enable me to learn more about Construction industry of Malaysia and the important of the support from local workforce. CHAPTER 2 2.1 Introduction In this chapter, we are discussing factors of influence the local labour less interested to work in construction industry. The thing to be discuss is related to image of a person, economy of country , outsourcing of labour through sub-contractor system, lack of training and skill formation, large number of foreign workers, poor site accommodations and services and change in education. 2.1.1 Skilled Labour According to Investopedia, skilled labour is defined as a segment of the workforce with a high skill level that creates significant economic value through the work performed (humad capital). Skilled labour is generally characterised by high education or expertise levels and high wages. Skilled labour involves complicated tasks that require specific skill sets, education, training and experience, and may involve abstract thinking. 2.1.2 Semi-Skilled Labour Based on the explanation from World English Dictionary, it says that semi-skilled labour is party skilled or trained but not sufficiently to perform specialized work. Semi-skilled worker need some skills to do work but does not require doing the complex work. 2.1.3 Unskilled Labour Investopedia explained that a segment of the work force associated with a low skill level or a limited economic value for the work performed (human capital). Unskilled labour is generally characterised by low education levels and low wages. Work that requires no specific education or experience is often available to workers who fail into the unskilled labour. 2.2 Construction in the Eyes of Local Workforce. Evidence from different place of the world indicate that construction workers do not view thier employment in a very favorable light. Construction is viewed by almost everywhere as a low status job. In many other countries, either rich or poor, people work in construction out of necessity and not out of choice. Almost universally they wish for better things for their next generation. (ILO,2001) In construction industry, a lot of workers with different level such as skilled labour, semi-skilled and unskilled labour. But most of the people view construction industry as dirty job as well as dangerous jobs. Some even said the construction industry is unattractive job. (Nazib Faizal, 2012) In Malaysia, young workforce would rather unemployed than work in the construction industry. Official estimates put foreign labours at 80% of the entire construction workforce in 1992 (Abdul Aziz, 2001) 2.3 The Factors of Local Workforce Less Interested in Construction 2.3.1 Poor Image in the Eyes of Workforce Local young generation workforce has a poor view to construction industry. They just thought that the nature of work of construction is dirty, difficult and dangerous. But the real reason why construction work is so poorly regarded has much more to do with the term on which labour is recruited than the nature itself. For many construction workers around the world the term of employment have always been poor (ILO,2001) In Malaysia, accidents on construction sites always happened. Such as, sometimes we can hear or saw the news about site accident due to nature disaster(soil erosion) that caused workers seriously injured or even dead. Accidents on Construction sites are too common that everyone has come to accept them as an unavoidable characteristic of the industry. This situation is attribute to the casual terms of employment, the commitment of illegal foreign workers and the non-coverage of workers under nation insurance scheme (Abdul Aziz,1995) Next, reason of Malaysian are not willing to take up this job because it is danger to personal safety by construction work. Statistics from the social Security Organisation (SOCSO) showed that on the average, 5,000 accidents occurred in construction sites annually between 2000 and 2004. This figure stands about 5% to 6.5% of the total number of accident reported over the period. An average of 80 workers was killed in such accidents (Fong Chan Onn, 2006) Based on the inspection which conducted by Department of Safety and Health (DOSH), they found out that the major factor of accidents happened at site is contributed by lack of awareness on safety and health. They rate the safety and health of the construction site is not fulfill the satisfaction. Besides, often, workers are not comply with the rules and regulations of safety and health at the sites. This can cause much more serious injury or even depth happen. During accidents happen at the construction site, the workers are not only the one who injured, but also may cause injured or death to the public. So, all of these accidents had spoiled the image of construction industry. 2.3.2 Lack of Training and Skill Formation In construction industry, young, educated and experience workers are hard to find. This is because nowadays, young workforce has less experience and low skill. This is contributed by when they are in college or university, school provide less practical to them instead of theory. Even though students are provide to industrial training, but they cannot learn so much due to few reasons. Firstly, industrial training period is too short which they cannot manage to learn everything. Secondly is, the senior are unable to thrust trainees work as they are inexperience. Seniors worry that trainees work, so they do not dare to give heavy duty to trainee. Thirdly, Senior workers are too busy with their work which caused they have no time to teach the trainee. All of these are contribute to poor skill of young generation. In Malaysia, the problem that often sighted is the passing of skills through informal apprenticeship is often kept within family, clan or tribe and when circumstances dictate that skills should be transferred to outsiders they may be some dilution, with not all skilled passed on (Abdul Aziz,2001) For Malaysian, they always change company when they are offered with higher salary. So, the company has to hire new workers and re-train them. Training workers are very costly and time consuming. So when contractor is bidding for a project, he might raise the price of their bids which could make the contractor unable to compete with others. 2.3.3 Unattractive Jobs The other reason of local young workforces are not attracted by this job is because there are already a lot of foreign workers doing this job. The image of this job is already spoiled by the foreign because foreigners are normally with low skills and poor educational background. So, local young workforce might think that they were hired as unskilled and low education, therefore, they do not want to be look down by other friends and parents. This caused the local refused to join construction industry. As the result, construction industry need to hire more foreign workers to keep moving forward. In Malaysia, official estimates put foreign labours at 80% of entire construction workforce in 1992 (Abdul Aziz,2001) This situation again will cause the entire construction industry lack of local workers. 2.3.4 Poor Site Accommodations and Services In Malaysias construction industry, contractor has a common practice which is providing temporary accommodation on the site for workers to stay. The temporary accommodation is usually made up from timber and zinc. This type of accommodation was less conducive to most of the Malaysian Workers. This is also one of the reason why Malaysian workers are shying away from the construction sector and consider employment in the construction sector as not dignified enough (CIDB News, 2009) Besides, the services and facilities at sites provided by some contractors are not good enough. 2.3.5 Low Salary In Malaysia, the salary for site labour are consider low. Because in construction industry, they hired too many foreign workers which is pay in very low rate. But Local workforce are requesting higher salary. In this case, contractor would rather hire foreign workers as they accept low salary. As for the demand in high salary, local workers were lured overseas country such as Singapore, Taiwan and Japan. There is where they were paid a much more higher salary based on their skills. This is the reason of our construction industry relied on foreign work force. 2.3.5.1 Factors Influenced The Labour Salary (1) Location Location can influence the salary of labour. For the place such as city area that has more projects especially infrastructure project, the need of labour are higher compared to rural area which have less project. Since the city area has higher living standard, the amount of money used per day also high. So for the city labour, local workforce cannot accept such low salary offered in construction industry in city area. Unlike, rural area labour can accept low salary, because their living standard are lower which do not need high salary. (2) Competition among the contractors Contractors receive a project by tendering, to win a tender, their tender pricing must more reasonable low. Normally, Client would like to have a lower cost project. So, for the contractor to able to compete with others, they will firstly lower their construction cost by reducing labours salary. (3) Risky Project For every project, there is risk in between. For larger project or higher building, the risk will be higher since it face to more technical machinery and higher floor level when workers are doing their work. Such as higher building need higher scaffolding, therefore it is more dangerous when it goes higher. So to prevent contractor from losing more money from accident, contractor therefore buy insurance to cover the workers. Beside, contractor need high skilled workers to handle a much more dangerous situation. High skilled workers are much more expensive compared to unskilled or semi skilled workers. All of these are affecting the cost of labour and cost of construction. (4) Labours Market For most of the local labour cannot fulfill domestic demands such as the working duration, not durable under sunlight, and stamina is not that good. Thus government allow foreign labour to be imported to fulfill the demand of constrcution industry. This is because foreign labour such as Indonesian, they are more durable under the sun and have good stamina and importantly they can accept low wages. In this situation, foreign labour wage is much lower than the local labours, thus many contractor take foreign worker to reduce their wages expenses. 2.4 Advantages and Disadvantages of Poor Participation of Local Labour 2.4.1 Advantages of Poor Participation of Local Labour In recent years, there has been a big problem that the foreign workers have caused economic problems in Malaysia. However, it is not to reject the positive impacts of foreign labour on economic issues. Assuming that there are many problems the evidences, (Chan Moha, 1998) indicated that there are also direct and positive impacts of the foreign workers. The foreign workers have benefited in the income development. Foreign workers were immensely beneficial to the economy. This shows the positive quantitative contribution of foreign workers to Malaysians economic growth. The implications of foreign workers on the Malaysian economy have been immense especially since the late 1980s (Zehadul et al, 1999) Wage structure is one of the significant role in maintaining lower wage levels. This also indicated Sidney (1996), foreign labour offer an endless stream of cheap labour that can keep wages low and growth high. Generally speaking, foreign workers contribute to the economy by supplying a cheaper labour force. As a matter of fact, foreign workers usually receive a lower salary than local workers and the difference can help to maintain the decrease in production cost. As stated by Oleg (2002) that the attracting cheap workforce means cutting production costs, hence the production cost for construction development is kept low which is an advantage in the foreign workers. Malaysia, which have seriously shortages of workforce in construction industry, by importation of foreign workers could minimize the workforce shortage problem. The supply of this additional labour force fulfilled the urgent demand for labour which could not be met so quickly and at a cheaper rate Here, importantly the foreign workers accepted those jobs which are rejected by the local workers especially the construction jobs that known as 3Ds job. Moreover, if we assume that the foreign workers are equally productive as the local workers, one can safely say that foreign workers make net positive contributions. It has already been brought to our notice that the value added of dollar spent on labour in Malaysia is around 5 times in the manufacturing sector (Ghosh, 1998). If this is true, then there are sufficient positive value-added effects of foreign workers in the Malaysia economy. 2.4.2 Disadvantages of Poor Participation of Local Labour 2.4.2.1 Hiring Foreign Labour in Construction Industry and The Impacts Poor participation of local labour can caused the contractor is being forced to hire foreign labour. Generally, local people tend to feel that foreign workers are contributing problems in the country and economy. Malaysia Construction industry firms were experiencing various problems due to foreign labour. Recently, the problem of foreign labour in construction industry is as follow: a) Cultural Pollution Most foreign workers are peaceful. They want to earn money to send homeland for their family. In most cases, concern over foreign labour is linked to anxieties over what some have characterised as cultural pollution and over foreignisation (Weiner, 1990). They may change the cultural and social orders of the normal practice of the locals in construction industry. b) Social Problem Legal and illegal foreign labour also contribute to many social problems and make the impacts on the locals. They create many social problems like spread of diseases, theft, robbery, cheating, killings, illegal settlement and so on. They form syndicates. If there are no syndicates, legal and illegal immigrants cannot arrive in Malaysia. According to Tey (1997), as shown by unpublised police records at the police headquarters in Bukit Aman, between 1985 and 1991, foreign labour accounted for between 14.7% and 18.2% of all murders commited in the country. The figure for gang roberry was between 32.7% to 48.2%. c) Economic Issues The foreign workers have an impact on the wage structure, labour market, competition with locals. Another perceived bad impact is the high remittances sent out by foreign workers to their home countries. Foreign workers also thought to be responsible for the higher rate of inflation because of their increased demand. They enjoy public goods without paying taxes and user fees. As such they become free-riders in the Malaysia economy. They are ensured health and other facilities with free. However it cannot be rejected that the use of temporary foreign labour enables the rapidly growing economics and societies to fulfill manpower needs in dead-end, low status, low wage sectors of the economy such as construction sectors (Zehadulet al, 1999). d) Low Wages for Local Workers and Taking jobs away from Locals Womens Workers Association President Silam Hassan (2004) Claimed the problem of foreign workers stemmed from the Governments open policy which drew large numbers of outsiders to the extent that local workers had compete with them for jobs. As a result of the inflow of foreign workers in the construction industry, the wage rate for local workers has gone down simultaneously. Because of poor participation of local workers, the foreign workers are slowly taking over the work from locals. In construction industry, the foreign worker going into sub-contracting work, where there is a lot of money to be made. Besides, the presence of illegals create problems also since illegals are not limitted by rules and regulations and are free to infiltrate into any jobs so long as the employers are willing to accept them. e) Foreign Labour Caused Works Delay Construction industry is labour intensive industry, but due to poor participation of local labours, construction industry is depending on large number of foreign labour. According to Economic Report 2003/2004, The new Immigration Act 1995/63 (Amendment 2002), which came into effect on 1st August 2002, about 318,300 illegal immigrants were deported in 2002. This has caused construction activities in all stages to slow down. Consequently, there was a labour crunch that cause costly work delays. In a move intended to reduce dependence on foreign labour and increase employment opportunities for locals, the government has shortened the validity period of work permits to 3 years. The policy change will seriously affect human resource planning in construction industry and caused delay of works. f) Low Productivity and quality due time consuming to train new workers In the reduction of the duration of work permits for foreign workers from 6 or 7 years to only 3 years had caused deterioration in the poor quality of workmanship and low productivity. This is because foreign labours that had 3 years experience may be replaced by those do have prior construction experience, thus resulting in low productivity and poor quality of work and time consuming on teaching the inexperience labours. Some of them were not able to cope with new experience of working on large-scale projects. Abdul Rahim (2009) also mentioned that the lack of quality foreign labour that have been hired is one of the main problems in construction industry. The companies that lose workers will need to hire new ones, who are likely to be unskilled and inexperienced. That means the employers have to spend time and resources to train these new workers. As indicated in Master Builder (Abdul Rahim, 2009), upon commencement, the foreign labour would require another 2. to 3 months to go through an orientation or learning curve period before they become productive. Furthermore, on-the-job training will take around seven to eight months then only the foreign workers will begin to contribute to company. To some extent, the training was difficult, as most foreign labour were paid daily wages and were reluctant to undergo training due to loss pay. g) Heavy Expenses in the Recruitment Process and Long Permit Processing Times Malaysia introduced harsh new immigration laws, thus the construction industry is suffering from an acute shortage of foreign workers throughout the nation. As a result, this has caused construction industry activities to be delayed albeit contractors trying to best of their endeavours to recruit new workforce. The central problem now appears to be the long processing time taken by the authorities to grant the foreign work permit (Abdul Rahim, 2009) Contractors securing new jobs have problems mobilizing new workers on time, due to this long work permit or recruitment process. Based on Abdul Rahman, (2009) he also mentioned that base on current experience, it takes about 2-3 months on a best case scenario to go through the entire administrative process, commencing from obtaining a work permit from the ministry of Home Affairs to the foreign workers gaining physical entry into Malaysia to work. Thus, it is not cost effective to send foreign workers home after the permit period (3 years) because of heavy expenses in the recruitment process. Meanwhile, the process to bring in foreign workers is tedious and time consuming. Besides, a lot of cost is involved in medical examinations, transportation and levies. Therefore, there is pressure in the system for employers to employ illegal foreign labour and to dodge the levies and charges which are incurred on the employment of legal foreign labour. 2.5 Strategies to improve the participation of local labour in the construction industry. 2.5.1 Cut Foreign Labour via Minimum Wage System Recently, there was no national minimum wage law applicable to the Malaysia in construction industry. Basic wage rates vary according to location and vay from company to company (MIDA,2009). The government should implement the minimum wage scheme in all job sectors to reduce the intake foreign workers and so that it can attract local labour with the standard wages. The scheme has to be enforced as the increasing the number of foreign workers in the country was only benefiting the employers and agencies that brought the workers in. The employers who took the workers in. The employers who took the workers in were only interested in cheap labour. This phenomenon was expected since the employers were more inclined to hire foreign workers who were prepared to accept low wages. But with the implement of the minimum wage scheme, contractors might have no choice but to employ local labour. Besides, with the wage control system, the local labour will accpet the wage rate. Furthermore, the quality of work will improve since local labour were mostly graduate with at least diploma level. 2.5.2 Industrialised Building Systems (IBS) The government encouragement to all employers to mechanise and move into less labour intensive process has not achieved the desired result. On the contrary, the demand for the foreign labour is increasing by the day. (Rydgren, 2004) The majority of foreign labour brought into the construction industry were wet trade labour involved in concrete, brick, and wood works. To reduce construction industry dependence on such foreign labour, we must change the way we work by reducing wet trade in the construction process. This could be achieved through implementation of the Industrialised Building Systems (IBS) Roadmap 2003-2010. By combining IBS with modern management technologies, the local skilled workers would fill the vacancies. They should adapt high technology to lessen the dependence on foreign manpower. CIDB would give free training to locals so that they can replace the foreign manpower and help the construction sector move towards using new technologies. The IBS Roadmap promises to reduce the number of workers at construction sites, usage of material and wastage. Conventional technology that is being used needs a lot of manpower, causing us to be dependent on foreign workers who are mostly unskilled. As a result, not only is the quality of workmanship being compromised but we also lose out in terms of money flowing out the country. With the IBS, wet trade workers can be reduced and construction world is now beginning to recognise the reduced and construction works focused on the use of the mechanisation and prefabrication. Besides, the construction world is now beginning to recognise the advantages to be gained by integrating fabricated steel and precast concrete with site cast concrete, much less labour is required on building sites. This result in the hidden cost of moving labour around tall or large buildings being lower (Peter, 2004). The Government even stopped offering incentives to labour-intensive firms, tuning its attention instead to developing of strategic high technology industries (Rajah, 2001) 2.6 Summary 2.1.1 Skilled Labour High skill level , high perfomance, high education, expertise, experienced and high wages 2.1.2 Semi-skilled labour Partly skilled or trained, not sufficient to perform specialised work. Do not in

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

Probabilist - Deductive Inference in Gassendis Logic Essay -- Philoso

‘Probabilist’ Deductive Inference in Gassendi's Logic* ABSTRACT: In his Logic, Pierre Gassendi proposes that our inductive inferences lack the information we would need to be certain of the claims that they suggest. Not even deductivist inference can insure certainty about empirical claims because the experientially attained premises with which we adduce support for such claims are no greater than probable. While something is surely amiss in calling deductivist inference "probabilistic," it seems Gassendi has hit upon a now-familiar, sensible point—namely, the use of deductive reasoning in empirical contexts, while providing certain formal guarantees, does not insulate empirical arguments from judgment by the measure of belief which we invest in their premises. The more general point, which distinguishes Gassendi among his contemporaries, is that the strength shared by all empirical claims consists in the warrant from experience for those claims we introduce in their support. In Book IV (On method) of his Institutio Logica, Pierre Gassendi proposes an unusual venue for probable and nondeductive inference in empirical reasoning: demonstrative syllogism. Thus, in 'resolution'—the seeking of a thing's causes given the evidence of its effects—he recognizes the critical role of inferring general claims from the particulars of empirical data, not least from what he calls 'the evidence of signs'. And intriguingly, he construes resolution-based claims as merely probable, though we attain them through classically deductive syllogism, because they represent merely possible claims among a field of alternatives—perhaps in the manner of Descartes's method. In the preceding book (On the syllogism), Gassendi presents a relatively tradit... .... Garber, Daniel. "Descartes and Experiment in the Discourse and Essays," in Stephen Voss, Essays on the Philosophy and Science of Rene Descartes. New York and Oxford: Oxford University Press, 1993. Gassendi, Pierre. Institutio Logica, 1658. Hacking, Ian. The Emergence of Probability. Cambridge: Cambridge University Press, 1985. Hatfield, Gary. "Science, Certainty, and Descartes", in PSA 1988: Proceedings of the Biennial Meeting of the Philosophy of Science Association. Volume Two. 249-262. East Lansing, Michigan: Philosophy of Science Association, 1988. Hintikka, Jakko. "Aristotelian Induction," in Revue Internationale de Philosophie 34 (1980): 422-40. Milton, J. R. "Induction before Hume," British Journal for the Philosophy of Science 38 (1987): 49-74. Urbach, Peter. Francis Bacon's Philosophy of Science. La Salle, Illinois: Open Court, 1987.

Ulysses S. Grant Essay -- biographies bio biography

Ulysses S. Grant   Ã‚  Ã‚  Ã‚  Ã‚  On April 27, 1822 a boy was born to Jesse Root Grant and Hannah Simpson Grant in the small town of Point Pleasant, Ohio. They named their son Hiram Ulysses Grant. In 1823 the family moved to a town nearby called Georgetown, Ohio, where Ulysses’ father owned a tannery and some farmland. Grant had two brothers and three sisters born in Georgetown.   Ã‚  Ã‚  Ã‚  Ã‚  Ulysses attended school in Georgetown until he was 14. He then spent one year at the academy in Maysville, Kentucky, and in 1838, he entered an academy in nearby Ripely, Ohio. Early in 1839, his father learned that a neighbors son had been dismissed from the U.S. Military Academy. Jesse asked his congressman to appoint Ulysses as a replacement. The congressman made a mistake in Grant’s name. He thought that Ulysses was his first name and his middle name that of his mother’s maiden name. But Ulysses never corrected the mistake.   Ã‚  Ã‚  Ã‚  Ã‚  Grant was an average student at West Point. He spent most of his free time reading novels and little time studying. He ranked high in math and was very good at horsemanship. Ulysses did not like the military life and had no intention of making it his career. Instead he considered teaching mathematics in a college.   Ã‚  Ã‚  Ã‚  Ã‚  Grant graduated from West Point in 1843 and was commissioned a second lieutenant. He was assigned to the 4th Infantry Regiment stationed near St. Louis. It was there that he met Julia Dent. They fell in love and soon became engages. The threat of war with Mexico delayed their wedding plans.   Ã‚  Ã‚  Ã‚  Ã‚  In 1847, Grant took part in the capture of Mexico City and won a promotion for his skill and bravery. He reached the rank of 1st Lieutenant by the end of the war. Grant returned to St. Louis as soon as he could and on Aug. 22, 1848, he was married to Julia Dent. During their marriage, the Grant’s had four children: Frederick, Ulysses S. Jr., Ellen, and Jesse Root Jr.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Civil War Era   Ã‚  Ã‚  Ã‚  Ã‚  Grant was almost 39 years old when the Civil War began in 1861. He had freed his only slave in 1859 and strongly opposed secession. After President Abraham Lincoln called for Army volunteers, Grant helped drill a company that was formed in Galena. Then he went to Springfield, the state capital, and worked for the Illinois assistant general. Grant asked the federal government for a commission as colonel, but his requ... ...e ring from exposure. Grant stoutly defended Babcock, who was cleared of the charges. Many other officials were convicted of defrauding the government. In spite of the growing list of scandals, many Republican leaders wanted to nominate Grant for a third term as president. But Grant refused to run again. In June 1876, the Republicans nominated Governor Rutherford B. Hayes of Ohio for president. Hayes won the presidency by a margin of only one electoral vote.   Ã‚  Ã‚  Ã‚  Ã‚  When Grant retired in 1879, he had about $100,000 in savings and decided to invest it in a banking firm called Grant & Ward. His son was a partner in this company. Grant knew nothing about banking, but his son assured him that Ferdinand Ward was a financial genius. The collapse of the company came in 1884 leaving Grant almost penniless. In order to make a living after this great loss, Grant began writing magazine articles about his war experiences. Soon he began to write his memoirs. The memoirs were a great success and earned Grant’s family about $500,000.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  In 1885, Grant moved to Mount McGregor, New York, near Saratoga. Grant died on July 23,1885 from cancer. His wife later died in 1902. Ulysses S. Grant Essay -- biographies bio biography Ulysses S. Grant   Ã‚  Ã‚  Ã‚  Ã‚  On April 27, 1822 a boy was born to Jesse Root Grant and Hannah Simpson Grant in the small town of Point Pleasant, Ohio. They named their son Hiram Ulysses Grant. In 1823 the family moved to a town nearby called Georgetown, Ohio, where Ulysses’ father owned a tannery and some farmland. Grant had two brothers and three sisters born in Georgetown.   Ã‚  Ã‚  Ã‚  Ã‚  Ulysses attended school in Georgetown until he was 14. He then spent one year at the academy in Maysville, Kentucky, and in 1838, he entered an academy in nearby Ripely, Ohio. Early in 1839, his father learned that a neighbors son had been dismissed from the U.S. Military Academy. Jesse asked his congressman to appoint Ulysses as a replacement. The congressman made a mistake in Grant’s name. He thought that Ulysses was his first name and his middle name that of his mother’s maiden name. But Ulysses never corrected the mistake.   Ã‚  Ã‚  Ã‚  Ã‚  Grant was an average student at West Point. He spent most of his free time reading novels and little time studying. He ranked high in math and was very good at horsemanship. Ulysses did not like the military life and had no intention of making it his career. Instead he considered teaching mathematics in a college.   Ã‚  Ã‚  Ã‚  Ã‚  Grant graduated from West Point in 1843 and was commissioned a second lieutenant. He was assigned to the 4th Infantry Regiment stationed near St. Louis. It was there that he met Julia Dent. They fell in love and soon became engages. The threat of war with Mexico delayed their wedding plans.   Ã‚  Ã‚  Ã‚  Ã‚  In 1847, Grant took part in the capture of Mexico City and won a promotion for his skill and bravery. He reached the rank of 1st Lieutenant by the end of the war. Grant returned to St. Louis as soon as he could and on Aug. 22, 1848, he was married to Julia Dent. During their marriage, the Grant’s had four children: Frederick, Ulysses S. Jr., Ellen, and Jesse Root Jr.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Civil War Era   Ã‚  Ã‚  Ã‚  Ã‚  Grant was almost 39 years old when the Civil War began in 1861. He had freed his only slave in 1859 and strongly opposed secession. After President Abraham Lincoln called for Army volunteers, Grant helped drill a company that was formed in Galena. Then he went to Springfield, the state capital, and worked for the Illinois assistant general. Grant asked the federal government for a commission as colonel, but his requ... ...e ring from exposure. Grant stoutly defended Babcock, who was cleared of the charges. Many other officials were convicted of defrauding the government. In spite of the growing list of scandals, many Republican leaders wanted to nominate Grant for a third term as president. But Grant refused to run again. In June 1876, the Republicans nominated Governor Rutherford B. Hayes of Ohio for president. Hayes won the presidency by a margin of only one electoral vote.   Ã‚  Ã‚  Ã‚  Ã‚  When Grant retired in 1879, he had about $100,000 in savings and decided to invest it in a banking firm called Grant & Ward. His son was a partner in this company. Grant knew nothing about banking, but his son assured him that Ferdinand Ward was a financial genius. The collapse of the company came in 1884 leaving Grant almost penniless. In order to make a living after this great loss, Grant began writing magazine articles about his war experiences. Soon he began to write his memoirs. The memoirs were a great success and earned Grant’s family about $500,000.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  In 1885, Grant moved to Mount McGregor, New York, near Saratoga. Grant died on July 23,1885 from cancer. His wife later died in 1902.

Intelligence, “Nature Versus Nurture” Essay

Intelligence is the ability to learn facts and skills and apply them; it can also be referred to as knowledge. When we look at knowledge we typically look at it from the aspect of nature and nurture, nature being what we come into this world with and nurture is what we acquire after we have entered this world. But the question I am focused on is where do we get our intelligence, are we born with it or are we somewhat gaining it after birth, is a new born child capable of knowing what is happening around him and grow up knowing how to act as an adult from birth or do he have to acquire the ability for adult performance?. So the experiment I am referring to was taught by one Dr. Richard Gerring, where taking a new born child and imagine what it would be like to come into a situation as such a child. One such example of testing intelligence starts with perceptions. It was thought for a long time that children was color blind, because we could not just ask a neonate â€Å"do you see colors?†, so the first experiment to detect whether a child perceive color would be from one researcher by the name of Burstein. Burstein took a set of 3 month old kids and give them solid colored toys and soon the kids got tired of looking at the toys over and over again; now the simple fact about colors is the wave length that they give off, colors such as green or orange gives off a bright wave length that is attractive, but a color like grey and white has dull wave lengths. Or also if you keep looking at the same color whether bright green or red you would soon get tired of the color because your brain has already adapted to it and you become bored. So to test this theory I did my own experiment. Scientific Question: Can children perceive colors and understand change although they are small and have not yet fully acquired learn intelligence of difference? Hypothesis: Children do perceive colors, they also have an intelligence of change in the factors around them just as older children and adults do even though they are of young age. My objective: To see whether children do perceive and understand colors although they may not know the colors by names, do they have the ability to detect the change from such a young age. Type of design of Qualitative Investigation: Investigation-action So with this experiment I am taking Three (5) children ages 3 months to 2 years old and place all of them in the same room for 5 days for 3 hours with the same set of toys: 2 red truck and 4 yellow cars. Based on investigation 5 days/3 hours results, an action would be taken to confirm findings. Methology The study type that we will carry out is descriptive. Universe: A preschool at the Community center, Vanard, Castries. Manipulate: 5 children ages 3 months to 2 years old. Operational variables: Sex and ages of the children, place and time Independent Variables: Colors of toys Techniques used to obtain the data of this study: * Direct Observation There needs to be constant observation of the children while playing with the toys and note the level of interest that is given to each toy over the period of 5 days for 3 hours, and then analyze data at the end of each day whether the interest dwindles or not. Make a note of just how much had the attention dwindled. Analysis of Data: Day 1: All 5 kids are happy with the new toys for the 3 hours Day 2: All kids are happy and move around contentedly with the toys Day 3: The Kids are demonstrating a lack of interest in the toys now and have come to interchange a lot between the 6 pieces. Day 4: The children are no long grabbing for the toys but are beginning to get very frets and occasionally when I give them a toy they may calm a bit but then continue to fret. Obvious signs that they no longer are interested in the toys. Day 5: Today is they last day and I have noticed for the past 2 hours nobody took the toys, at the 3rd hour they were all crying. Gathered Results: At the end of day five, I had a set of crying kids on my hands who were obviously unhappy and who were definitely were no longer interested in the given toys. So can I determine that the Children are just bored by the toys in themselves or the colors? So now what I would do is my action to the investigation to confirm the results from the 5 days. I took the same set of toys, 2 red truck and 4 yellow cars and I repainted them (please note that paint used was indeed child friendly and not harmful in toxins). The toys were repainted and reintroduced again the next day for the same 3 hours. Final Results: Amazing! The Kids grabbed at those toys as if they were new and were all laughs with the very same toys that yesterday received no attention. This proves simply that young children although they are not yet well cognitively develop do see colors. The fact that they saw the same color toys for 5 days for 3 hours and got bored on day 5 but had renewed interest in the same give toy on the 6 day when reintroduced in different colors told me they got a new stimulus to the change. That is a pretty interesting knowledge to confirm. For these children to know the difference in vision and its change and take interest in the toys do tells me they brought some intelligence into this into the world. So here we can see that we are born with the concept of knowing differences, which is great for gaining ability throughout life. Dr. Richard Gerring was saying that another way to tell children have intelligence is by using checkers on a board. You can use a young child under 5 years old and you spread the checker pieces between you and the child evenly, and ask the child who has more checkers, the child would say that you have more if you do or they do they would say. The point to this is that children understand the concept of   â€Å"more or less† although they do not know how to count. If you use two glasses of water then they can say which glass has more water and which do not. The fact that they understand quantity although they cannot express it shows intelligence that can be developed. So as the child gets older you start counting fingers and toes and soon the child can tell you that you have maybe ‘6’ more than they do or ‘6’ less. The fact that they grow to understand numbering tells us that they acquire knowledge and increase their intelligence from the mere concept of visual â€Å"more or less† that they originally had. So when we think of  intelligence and we think of knowledge in the sense of nature vs nurture, we can safely say that some intelligence we are born with and are integrated in our genes and there are some intelligence that are acquired and expanded upon but learning and concurring. Does this mean that our behavior can be manipulated from an early age through education? This question is answered by a simple experiment. The experiment can be done by looking at how kids acquire action to word, if you try to speak to a child age 3 years as you would an adult the child would be confused. So you have to simplify your speech to that child to get him/her to do what you need him/her to do. Like when you are getting a child to eat food, you would put the child in the high chair and by actions show the child you are opening in your mouth while saying â€Å"aaaahh†, your mouth opening and the word â€Å"aaaah† suggest that every time you do the action and bring the spoon up with food you want the child to open their mouth and eat. So you link action and words which manipulates the child actions and often you hear people saying the words like â€Å"yum yum† with a smiling expression while the child’s eating to get them to understand that what they are eating is good. Therefore we get actions to words and perception of the food. So when it comes to knowledge our environmental factors can con-coursing an influence us, bringing us into making decisions and having preferences to things that we were not born with. Reference Life of the Mind: Introduction to Psychology, Richard Gerring.

Shoeless Joe Question Session

In today’s water cooler report about the novel Shoeless Joe, a lot of interesting questions were asked. One of the questions that was asked was how has baseball changed since Shoeless Joe’s day? Do you like the changes? As the discussion started, Jay said â€Å"there are more drugs in baseball now days than in Shoeless Joe’s time. † Everyone agreed with Jay. Dhiren said that the player’s salary is a lot more, â€Å"like in the millions†. Pravena said that the baseball games were in the night. However, I disagree of that statement because in the book it clearly states that there were lights for the night games. Another question that was raised about in out discussion which asked should Ray have told his father that he was his son? Would you want to know your fortune? Would you ever tell someone their fortune? It was clear that everyone agreed with Jay’s statement which was â€Å"If you mess with the past, you change your present and future, if you mess with you future, you change your present. † For the next question about if Ray should have told his father that he was his son, Dhiren said that he just shouldn’t mess with the past. Everyone else agreed. Dhiren and I said no to the question â€Å"would you want to know your fortune† , while Pravena and Jay say that they do want to know what their fortune is because they want to know if they will live or die and have a good job or not. For the final question we all said that we would only tell someone of their fortune if it was the matter of life and death, otherwise we would just keep it to ourselves. Another question which was softly touched was the discussion about was the one which asked about whose dreams have been fulfilled in the novel? And what is your own dream? When this question arose , I jumped to my feet and I started to say things like flying, running really fast, super strength, heat vision, etc. As I said my list of dreams, everyone else said their own. Overall, the group agreed with each other that almost all the character in the novel got their dreams fulfilled. In general, out group participated and put in their own inputs when needed. Yet, I believe that Dhiren and Jay interacted the most, as a final point, the water cooler helped out group understand the story and meanings better.