Tag Archives: Anthony Bochon

Nanomaterials the SUN (Sustainable Nanotechnologies) project sunsets, finally and the Belgians amend their registry

Health, safety, and risks have been an important discussion where nanotechnology is concerned. The sense of urgency and concern has died down somewhat but scientists and regulators continue with their risk analysis.

SUN (Sustainable Nanotechnologies) project

Back in a December 7, 2016 posting I mentioned the Sustainable Nanotechnologies (SUN) project and its imminent demise in 2017. A February 26, 2018 news item on Nanowerk announces a tool developed by SUN scientists and intended for current use,

Over 100 scientists from 25 research institutions and industries in 12 different European Countries, coordinated by the group of professor Antonio Marcomini from Ca’ Foscari University of Venice, have completed one of the first attempts to understand the risks nanomaterials carry throughout their life-cycle, starting from their fabrication and ending in being discarded or recycled.

From nanoscale silver to titanium dioxide for air purification, the use of nanomaterials of high commercial relevance proves to have clear benefits as it attracts investments, and raises concerns. ‘Nano’ sized materials (a nanometre is one millionth of a millimetre) could pose environmental and health risks under certain conditions. The uncertainties and insufficient scientific knowledge could slow down innovation and economic growth.

How do we evaluate these risks and take the appropriate preventative measures? The answer comes from the results of the Sustainable Nanotechnologies Project (SUN), which has been given 13 million euros of funding from the European Commission.

Courtesy: SUN Project

A February 26, 2018 Ca’ Foscari University of Venice press release describes some of the SUN project’s last t initiatives including, https://sunds.gd/  or the ‘SUNDS; Decision support system for risk management of engineered nanomaterials and nano-enabled products’,

After 3 years of research in laboratories and in contact with industrial partners, the scientists have processed, tested and made available an online platform (https://sunds.gd/) that supports industries and control and regulating institutions in evaluating potential risks that may arise for the production teams, for the consumers and for the environment.

The goal is to understand the extent to which these risks are sustainable, especially in relation to the traditional materials available, and to take the appropriate preventative measures. Additionally, this tool allows us to compare risk reduction costs with the benefits generated by this innovative product, while measuring its possible environmental impact.

Danail Hristozov, the project’s principal investigator from the Department of Environmental Sciences, Informatics and Statistics at Ca’ Foscari, commented: “The great amount of work done for developing and testing the methods and tools for evaluating and managing the risks posed by nanomaterials has not only generated an enormous amount of new scientific data and knowledge on the potential dangers of different types of nanomaterials, but has also resulted in key discoveries on the interactions between nanomaterials and biological or ecological systems and on their diffusion, on how they work and on their possible adverse consequences. These results, disseminated in over 140 research papers, have been immediately taken up by industries and regulators and will inevitably have great impact on developing safer and more sustainable nanotechnologies and on regulating their risks”.”.

The SUN project has also composed a guide for the safest products and processes, published on its website: www.sun.fp7.eu.

Studied Materials

Scientists have focused their research on specific materials and their us, in order to analyse the entire life cycle of the products. Two of the best-known were chosen: nanoscale silver that is used in textiles, and multi-walled carbon nanotubes that is used in marine coatings and automotive parts. Less known materials that are of great relevance for their use were also included: car pigments and silica anticaking agents used by food industry.

Lastly, SUN included nanomaterials of high commercial value which are extremely innovative: Nitrogen doped Titanium Dioxide for air purification is a new product enabled by SUN and exploited by the large colour ceramics company Colorobbia. The copper based coating and impregnation for wood protection has been re-oriented based on SUN safety assessment, and the Tungsten Carbide based coatings for paper mills is marketed based on SUN results.

You can find out more about the SUN project here and about ‘SUNDS; Decision support system for risk management of engineered nanomaterials and nano-enabled products’ here.

Belgium’s nanomaterials reigster

A February 26, 2018 Nanowerk Spotlight article by Anthony Bochon has a   rather acerbic take on Belgium’s efforts to regulate nanomaterials with a national register,

In Alice’s Adventures in Wonderland, the White Rabbit keeps saying “Oh dear! Oh dear! I shall be too late.” The same could have been said by the Belgian federal government when it adopted the Royal Decree of 22nd December 2017, published in the annexes of the Belgian Official Gazette of 15th January 2018 (“Amending Royal Decree”), whose main provisions retroactively enter into force on 31st December 2016. …

The Belgian federal government unnecessarily delayed the adoption of the Amending Royal Decree until December 2017 and published it only mid-January 2018. It creates legal uncertainty where it should have been avoided. The Belgian nanomaterials register (…) symbolizes a Belgian exceptionalism in the small world of national nanomaterials registers. Unlike France, Denmark and Sweden, Belgium decided from the very beginning to have three different deadlines for substances, mixtures and articles.

In an already fragmented regulatory landscape (with 4 EU Member States having their own national nanomaterials register and 24 EU Member States which do not have such registration requirements), the confusion around the deadline for the registration of mixtures in Belgium does not allow the addressees of the legal obligations to comply with them.

Even though failure to properly register substances – and now mixtures – within the Belgian nanomaterials register exposes the addressees of the obligation to criminal penalties, the function of the register remains purely informational.

The data collected through the registration was meant to be used to identify the presence of manufactured nanomaterials on the Belgian market, with the implicit objective of regulating the exposure of workers and consumers to these nanomaterials. The absence of entry into force of the provisions relating to the registration of articles is therefore incoherent and should question the relevance of the whole Belgian registration system.

Taking into account the author’s snarkiness, Belgium seems to have adopted (knowingly or unknowingly) a chaotic approach to registering nanomaterials.  For anyone interesting in the Belgian’ nanoregister’, there’s this September 3, 2014 posting featuring another Anthony Bochon article on the topic and for anyone interested in Bochon’s book, there’s this August 15, 2014 posting (Note: his book, ‘Nanotechnology Law & Guidelines: A Practical Guide for the Nanotechnology Industries in Europe’, seems to have been updated [there is a copyright date of 2019 in the bibliographic information on the publisher’s website]).

Belgian register for nanomaterials (key dates: 2016 and 2017)

Belgium will be the second country in the European Union (France being the first) to enact a mandatory register for nanomaterials. A Sept. 3, 2014 Nanowerk Spotlight article by Anthony Bochon (Attorney at the Brussels Bar, Associate at Squire Patton Boggs (UK) LLP Brussels office, Associate lecturer at the Université libre de Bruxelles and fellow at Stanford Law School) provides details (Note: A link has been removed),

On 7th February 2014, the Belgian federal government issued a press release declaring that the draft Royal Decree creating a Belgian register for nanomaterials has been approved. Although its not been formally enacted yet, its content has been disclosed to the European Commission on 19th February 2014. The Royal Decree would enter into force on 1st January 2016 for substances manufactured at the nanoscale and on 1st January 2017 for preparations containing a substance or substances manufactured at the nanoscale. [emphases mine]

The scope of the Belgian nano register is twofold with the scopes by product and by activity that delineate the cases when a declaration or notification would be filled with the Ministry of Health.

Scope by product

The registration requirements will apply to products which are or which include substances manufactured at nanoscale. The central issue with the registration requirements was and remains the definition of the so-called “substance manufactured at nanoscale”. In absence of any common compulsory definition in EU law, the Belgian government has decided to adopt the definition proposed by the European Commission in its recommendation of 18th October 2011. The Royal Decree defines the “substance manufactured at nanoscale” as “a substance containing unbound particles or particles in the form of an aggregate or agglomerate, of which a minimum proportion of at least fifty per cent of the size distribution, by number, have one or more external dimensions within the range of one nanometre and one hundred nanometres, excluding chemically unmodified natural substances, accidentally produced substances and substances whose fraction between one nanometre and one hundred nanometres is a by-product of human activity. Fullerenes, graphene flakes and single-wall carbon nanotubes with one or more external dimensions below one nanometre shall be treated as substances manufactured at the nanoscale.”
Companies will have to determine with their counsel if their products fall within the product scope of application of the Belgian nano register. The choice of such definition has already faced some serious criticism during the preparatory phase of the Royal Decree. It is unsure whether this definition would survive a legality test or whether the federal government will not broaden the product scope of application. Unlike the Commission recommendation of 18th October 2011, the Belgian definition of nanomaterials does not encompass materials with a specific surface area by volume of the material greater than 60 m2/cm3 but which does not meet the 50% size distribution requirement.

A certain number of products will be excluded from the notification or declaration requirements set out in the Royal Decree:

Cosmetics products which have been notified in accordance with Regulation 1223/2009 on cosmetic products;

Biocides falling within the scope of Regulation 528/2012 (the Biocides Regulation) and which have been registered or authorized in accordance with the Royal Decree of 22 May 2003 concerning the placing on the market and use of biocides;

Medicines for human and veterinary use falling within the scope of Regulation 726/2004 or the Royal Decree of 14 December 2006 on medicinal products for human and veterinary use

Foodstuffs and materials and objects intended to come into contact with foodstuffs referred to in Article 1, 1° and 2°, b) of the Law of 24 January 1977 on the protection of consumer health in regard to foodstuffs and other products

Animal feed, as defined in Article 3 of Regulation 178/2002

Medicines and medicated animal feed falling within the scope of the Law of 21 June 1983 on medicated animal feed;

Processing aids and other products which may be used in processing organically produced agricultural ingredients, mentioned in Part B of Annex VIII to Commission Regulation (EC) No 889/2008

Pigments, defined as substances which are insoluble in typical suspension media, used for their optical properties in a preparation or article.

It is important to point out that complex articles containing carbon black, amorphous synthetic silica or precipitated calcium carbonate, used as fillers, are excluded from the notification requirements laid down by the Royal Decree.

It’s fascinating to note the materials being excluded from this registry. I expect most of those materials/products are already covered under other regulations or decrees as are, for example, cosmetics, since the EU requires cosmetics companies to label (and, presumably, to register) products containing nanomaterials.

There’s a lot more to the article than the bits I have excerpted here so I encourage anyone interested in regulatory matters to read the piece in its entirety.

The author, Anthony Bochon, was last mentioned here in an Aug. 15, 2014 posting, about his forthcoming 2015 book, Nanotechnology Law & Guidelines: A Practical Guide for the Nanotechnology Industries in Europe.

For anyone interested here’s the Belgium’s Feb. 7, 2014 press release by Sarah Delafortrie and Christophe Springael. You will need your French language skills to read it.

Nanotechnology announcements: a new book and a new report

Two quick announcements. The first concerns a forthcoming book to be published in March 2015. Titled, Nanotechnology Law & Guidelines: A Practical Guide for the Nanotechnology Industries in Europe, the book is featured in an Aug. 15, 2014 news item on Nanowerk,

The book is a concise guideline to different issues of nanotechnology in the European Legislation.- It offers an extensive review of all European Patent Office (EPO) cases on nanotechnological inventions. The challenge for new nanotechnology patents is to determine how patent criteria could be met in a patent application. This book shows how to identify the approach and the ways to cope with this challenge.

More about the book and purchasing options can be found on the publisher’s (Springer) Nanotechnology Law & Guidelines webpage,

[Table of Contents:]

Introduction.- Part I Nanotechnology from Research to Manufacture: The legal framework of the nanotechnology research and development.- Structuring the research and development of nanotechnologies.- Manufacturing nanotechnologies.-

Part II Protecting Nanotechnological Inventions: A Matter of Strategy : Trade Secrets vs. Patents and Utility Models.- Trade Secrets and Nanotechnologies.- International, European or National Patent for Nanotechnological Inventions ?- Nanotechnology Patents and Novelty.- Nanotechnology Patents and the Inventive Step.- Nanotechnology Patents and the Industrial Application.- Drafting Nanotechnology Patents Applications.- Utility Models as Alternative Means for Protecting Nanotechnological Inventions.- Copyright, Databases and Designs in the Nano Industry.- Managing and Transferring Nanotechnology Intellectual Property.-

Part III Nanotechnologies Investment and Finance.- Corporate Law and the nanotechnology industry.- Tax Law for the nanotechnology industry.- Investing and financing a nanotechnological project.-

Part IV Marketing Nanotechnologies.- Authorization and Registration Systems.- Product Safety and Liability.- Advertising “Nano”.- “Nano” Trademarks.- Importing and Exporting Nanotechnologies. Annexes: Analytic Table of EPO Cases on Nanotechnologies.- Analytic Table of National Cases on Nanotechnologies.- Analytic Table of OHIM Cases on Nano Trademarks.

I was able to find some information about the author, Anthony Bochon on his University of Stanford (where he is a Fellow) biography page,

Anthony Bochon is an associate in a Brussels-based law firm, an associate lecturer in EU Law & Trade Law/IP Law at the Université libre de Bruxelles and a lecturer in EU Law at the Brussels Business Institute. He is an associate researcher at the unit of Economic Law of the Faculty of Law of the Université libre de Bruxelles. Anthony graduated magna cum laude from the Université libre de Bruxelles in 2010 and received a year later an LL.M. from the University of Cambridge where he studied EU Law, WTO Law and IP Law. He has published on topics such as biotechnological patents, EU trade law and antitrust law since 2008. Anthony is also the author of the first European website devoted to the emerging legal area of nanotechnology law, a field about which he writes frequently and speaks regularly at international conferences. His legal practice is mainly focussed on EU Law, competition law and regulatory issues and he has a strong and relevant experience in IP/IT Law. He devotes his current research to EU and U.S. trade secrets law. Anthony has been a TTLF Fellow since June 2013.

On a completely other note and in the more recent future, there’s a report about the US National Nanotechnology Initiative to be released Aug. 28, 2014 as per David Bruggeman’s Aug. 14. 2014 posting on his Pasco Phronesis blog, (Note: A link has been removed)

On August 28 PCAST [President’s Council of Advisors on Science and Technology] will hold a public conference call in connection with the release of two new reports.  One will be a review of the National Nanotechnology Initiative (periodically required by law) … .

The call runs from 11:45 a.m. to 12:30 p.m. Eastern.  Registration is required, and closes at noon Eastern on the 26th..

That’s it for nanotechnology announcements today (Aug. 15, 2014).