This paper examines the role of regulation and litigation may have on the development of nano-products and their commercialization in the United States. With the release of a mixed series of nano-toxicological findings, legislators and government regulators are beginning to consider tactics for regulating nano-products. We examine extant legislation, such as the Bayr-Dole Act and its reform, intellectual property and patent issues, and challenges confronting regulatory agencies (the FDA, USDA, EPA, OSHA, etc.), current regulations, the procedures for regulation setting, and enforcement regimens and their impacts of economic competitiveness in the New World Economy.
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