This article presents the problem of a person skilled in the field of synthetic biology. The person skilled in the art is one of the notions which have to be revisited due to the multidisciplinary nature of synthetic biology which involves numerous fields. The article studies this problem from the perspectives of Iraqi and Malaysian patent laws. First, it conceptualizes synthetic biology and person skilled in the art. The Iraqi and Malaysian attitudes regarding person skilled in the art are then (...) addressed. Afterwards, the paper points out the multidisciplinary nature of synthetic biology. In its last part, it discusses the person skilled in synthetic biology and how patent offices and courts deal with this point. Finally, the authors submit that the use of a team of skilled persons to substitute for a single technician would render the obviousness test a subjective assessment dependent on the inventor. The level of non-obviousness would differ in similar cases simply because of the number of inventors. Consequently, the suggestion of having a hypothetical team instead of one person is irrelevant because skills that are attributed to the skilled notional person are not real skills. Thus, replacing him is easy, but the replacement would be fruitless because the skills attributed to a person or a team will be similar. (shrink)

Nanotechnology has been facing multiple obstacles related to the applicability of patentability criteria. In this article, the authors addressed the novelty requirement in nanotechnology inventions in Iraqi and Malaysian patent acts. First, novelty was discussed to determine its applicability in the field of nanotechnology. Then, problems on nanotechnology patent application were presented along with some suggested solutions. The problems encountered in the patentability of nanotechnology inventions were summarized in two categories. First, the multidisciplinary nature of nanotechnology casts its shadow on (...) the examination process in patent offices. To overcome this problem, the United States Patent and Trademark Office and the European Patent Office created new divisions to examine nanotechnology inventions; thus, this step must be followed by developing countries. In addition, with the existence of larger scaled materials and devices in prior art, three potentials have been introduced to overcome this issue. First, novel properties in nanoinventions can be demonstrated to reach the point of novelty. Second, nanoinventions can be patentable if they are carried out despite scientific problems occurring when materials are shaped in nanoscale. Third, the process of creating nanomaterials can be patentable as the bottom-up approach, which is not used in larger scaled materials. Finally, pre-disclosure must be considered as an enabling disclosure, which enables a skilled man in the art to put the nanoinvention in practice. (shrink)

With the advent of synthetic biology, scientists are increasingly relying on digital sequence information, instead of physical genetic resources. This article examines the potential impact of this shift on the access and benefit-sharing (ABS) regime of the Convention on Biological Diversity (CBD) and the Nagoya Protocol. These treaties require benefit-sharing with the owners of genetic resources. However, whether “genetic resources” include digital sequence information is unsettled. The CBD conceives genetic resources as genetic material containing functional units of heredity. “Material” implies (...) tangibility, and for some scholars, “functional units of heredity,” undefined in both treaties, mean full-coding sequences. This article argues that digital sequence information obtained from physical genetic resources, full-coding or not, should be treated as genetic resources. Literal construction of the CBD risks eroding its usefulness and the ABS regime. This is because through bioinformatics, sequence information can easily be obtained from genetic resources for utilization, without physically moving them or concluding ABS agreement with owners. The CBD must evolve with scientific progress also because sequence functionality depends on the state of knowledge. These arguments are vindicated by domestic ABS laws equating genetic information with genetic resources; Nagoya Protocol provisions deeming research exploiting the genetic composition of genetic resources as utilization of genetic resources; and CBD provisions requiring the sharing of benefits from the utilization of genetic resources. Moreover, treaty interpretation and case law demand that generic, scientific terms, such as “genetic resources” and “functional units of heredity” be interpreted in an evolutionary manner to capture scientific developments. (shrink)

Nanotechnology has revolutionized various industries and has become a notable catalyst for economic growth. The emerging issues of human health and safety associated with nanotechnology development have raised regulatory concerns worldwide. In occupational settings, the same novel characteristics of nanomaterials that are utilized for innovation may also be the source of toxins with adverse health effects for workers. The existing regulatory framework may function effectively to regulate chemical substances in their conventional forms but may not be adequate with regard to (...) the specific issues of nanoform substances. A foundation of knowledge concerning properties of nanomaterials, and risk management approaches for these materials have been established, but conclusive results remain elusive. It is difficult for lawmakers to regulate nanotechnology-related activities effectively if conventional regulatory mechanisms are applied. The present article analyses in a country study the adequacy of existing Malaysian occupational safety and health law with regard to the specific issues presented by nanotechnology. The applicable regulatory approaches are examined to justify the adoption of soft law instruments as regulatory mechanisms for nanotechnology. A number of soft law best practices are briefly discussed as a basis to recommend practical solutions to close the existing regulatory gap. (shrink)

Conservative agriculture practice adoption literature advocates that adoption is caused by many factors comprising cognitive, social, economic, personal, and CAP-related factors. Evaluating the adoption of CAPs as the outcome is complex and challenging with regression-based models as the systemic interdependencies of the factors offer diverse or varying results. Farmer production and environmental orientations as cognitive stances are notable interpreters of CAP adoption. The appetite level for risk-taking, innovativeness, and trust facilitates the adoption of CAPs. However, a causal-predictive technique should be (...) used to investigate the adoption of CAP. Hence, this study engages in a configuration approach using a fuzzy-set qualitative comparative analysis to analyze the patterns of different types of farmers' orientations, personal level of trust on extension services, and innovativeness risk-taking attitude on the intention to adopt CAPs. The analysis is based on the 155-farmer data collected employing a structured interview from Pakistan. The results suggest that a higher level of environment orientation and innovativeness is sufficient to increase the intention to adopt CAPs. Moreover, a higher intention to adopt CAPs is achieved with a lower production orientation, a higher personal level of innovativeness, and a risk-taking attitude of the farmer. The innovativeness can help to develop the intention to adopt the CAPs among the environment and production-oriented farmers. Causal solutions offer a unique understanding that the farmers' environment and production orientation can combine to suggest inclined to adopt CAPs by having an attitude of innovativeness and risk-taking. The causal solutions achieved significant predictive validity in the holdout samples. Policy and farmer-level suggestions were made to raise the intention to adopt CAPs among the farmers. (shrink)

The smart wearable device is a new breed of mobile device that offers diversified utilities for health, sport, and finance for consumers worldwide. The current study aims to investigate the provocation of the intention to use smart wearable payment devices among Malaysian consumers. The unified theory of technology acceptance and use of technology was employed with the cross-sectional survey-based data to explain the adoption of the smart wearable payment device. Furthermore, the UTAUT model was extended with trust and lifestyle compatibility (...) factors to investigate smart wearable payment device adoption. The survey-based data were collected through the online survey and analyzed through the symmetrical modeling approach of partial least squares structural education modeling to evaluate theoretical associations between the study constructs. The fuzzy set qualitative comparative analysis was employed as an asymmetrical approach. As a result, it was found that the ease of use, lifestyle compatibility, and trust significantly impacted the intention to adopt smart wearable payment devices. However, social influence and facilitating conditions did not support the intention of adopting smart wearable payment devices. Adopting these devices requires policy and infrastructure development to harness the adoption of smart wearable payment devices. This paper is concluded with study limitations and future research suggestions. (shrink)

Strategic orientation and innovation are vital determinants for accelerating the performance of small-to-medium-sized enterprises. However, there is a lack of empirical evidence confirming the innovation at the product and process levels that instigated the SMEs’ performance. Moreover, the mediating effect of process and product innovation can play a significant role in strategic orientation and manufacturing SMEs’ performance. In this respect, this study aims to examine the mediating effect of product and process innovation between strategic orientation and the performance of Malaysian (...) manufacturing SMEs. The questionnaire survey gathered data from 360 manufacturing SMEs and was analyzed using partial least square structural equation modeling to achieve these research objectives. The study analysis established that customer and entrepreneurial orientation significantly influence product and service innovation. However, the market orientation is significant for process innovation but insignificant for product-level innovation among SMEs. The study’s consequences exposed that process innovation has significantly mediated between the strategic orientation and SMEs performance. It implies that market, entrepreneurial, and customer-related strategies would substantially improve SMEs’ performance by harnessing innovation at product and process levels. The core insights provided by the current work are to strengthen the strategic orientation that can promote product and process innovation, thereby harnessing the SMEs’ performance. Additionally, the study’s significance and limitations were reported at the end. (shrink)

Hamzah Fansuri is an important figure in the history of Islam in Indonesia. He is an important figure who is always discussed within the framework of discussing the dynamics of the development of Islam and Sufism in the archipelago. The purpose of this article is to trace the life history of Hamzah Fansuri. Many researchers have not studied the comprehensive history of Hamzah Fansuri’s life. Researching the life history and basic teachings of a Sufi is very important to understand the (...) biographical background of the development of his teachings and to know the principles of the teachings, through his works. There are two important ways to understand the basic teachings of a Sufi. This article, first, examines general considerations and presents a new construction of Hamzah Fansuri’s intellectual life and career and, second, browse the main teachings of Hamzah Fansuri through his works, using an analytical-descriptive-critical method. This qualitative research uses library research. Data collection was taken from various references from the biography of Hamzah Fansuri. According to the findings of this article, Hamzah Fansuri was born in Samudra Pasai, studied in Singkil, and then traveled to the Middle East via Barus. Returning to the archipelago, he made a career in Ujong Pancu, Aceh Besar. Hamzah Fansuri died in Mecca in 1527 AD. Throughout his career, Hamzah Fansuri wrote approximately thirty poems and three works of prose, namely Sharāb al-‘Āshīqīn which describes the process of the spiritual journey, Asrār al-‘Ārifīn which describes the philosophical teachings of Sufism, and al-Muntahī which explains the meaning of Sufi expressions. (shrink)