Peter Dunne
On October 18, 2011, the European Court of Justice (the European Union’s court of final instance on Treaty matters) handed down a ruling which prohibits the granting of patents, in all twenty-seven member states, for research involving the destruction of an embryo.
The case arose out of an attempt by German scientist Oliver Brüstle to file a national patent for his technique for turning embryonic stem cells into nerve cells. The application was opposed by Greenpeace on the basis that it would promote “the commercialization of the Human Body.”
In its decision, the ECJ stated that while techniques which assist the development of embryos can be protected under law, the same does not apply for research which involves the destruction of embryos. Article 6(2)(c) of Directive 98/44/EC prevents the issuing of a patent which could affect “respect for human dignity.” Harvesting embryos for the sole purpose of scientific advancement does not respect human life, according to the Court. [Read more…] about Ruling on Patents For Stem Cell Reseach: Europe’s Loss, America’s Gain?