Law and Ethics of Nanotechnology: Traditional Legal Tools Advancing Nanomedicine

Science fiction from the last decades is rapidly becoming science in daily life. For example, nanotechnology does cool things like creating driverless cars for people who are blind and storing solar energy to drive electric cars. Nanotechnology makes possible 3D printing of housing, clothing, and food and miraculous treatments for previously incurable disease. In the larger social context, the economic impact of applying nanotechnologies and nano‐enabled discoveries is transforming many aspects of daily life. To realize these societal benefits, several different disciplines come together in daily legal practice. Scientific researchers need a rudimentary understanding of the legal parameters that govern their work: tools for preventing tort liability; intellectual property laws benefits and limitations; regulatory frameworks and international treaties governing their commercialized research products; and basic laws that are impacted by innovations. Meanwhile, there is a crying need for lawyers to grasp basic underpinnings and ramifications for applied technologies. Therefore, the Virginia Mountain Valley Lawyers Alliance (VMVLA) Specialty Bar created the first ever Law and Ethics Special Sessions for Nanotexnology, described here. This article provides a broad brush overview of areas where traditional laws apply despite the challenges raised by emerging commercialization of nano‐enabled products benefiting civil society. This article also engages in “issue spotting,” the legal research tool for anticipating areas of the law where, due to gaps or uncertainties, future litigation might occur. The purpose of issue spotting is to recognize foreseeable problems, but not to try to solve them until specific facts and circumstances occur. The greatest challenge, however, is not any need to create new infrastructures, because there are plenty of laws. The challenge is to have sufficient working understanding of both the laws and the science in order to fashion reasonable, equitable, and workable solutions to reasonably foreseeable problems. This article concludes that civil society therefore can maximize the benefits of applied nanotechnology under law, if the decisionmakers involved in its use are well informed about basic information concerning both: the relevant science and law. The Special Session of Law and Ethics of Nanotechnology in the NANOTEXNOLOGY conference therefore offers an excellent starting point for creating reciprocal understanding across disciplines in order to advance robust policies and implement existing laws.