An organism that is not capable of development does not constitute a human embryo and therefore methods using human oocytes can be patented in the EU – held on Thursday the Court of Justice of the EU.
This is a landmark ruling, because in 2011 the EU Court of Justice ruled just the opposite. He decided then unfertilized human oocytes, stimulated to divide and development for human embryo. Some scholars recognize if this decision as an attack on medical research in the EU.
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The stem cells in research
Many people put their research involving stem cells high hopes, seeing them as an opportunity to cure many diseases, as well as the restoration of the paralyzed, or breeding organs for transplant. So far, the judgment of the Court, which did not allow the EU patent methods using unfertilized ova, did the commercialization of medical discoveries in this area impossible.
Thursday’s ruling, the Court in Luxembourg patent allowing the use of such an organism for industrial or paves the way for commercial development of biotechnology in the EU.
unfertilized cell “is not a human embryo”
The Court describes how to understand the concept of a human embryo. “Unfertilized human egg cell necessarily have an innate ability to develop into a human individual. Consequently, the mere fact that a human egg cell activated by parthenogenesis begins the process of development, it is not enough to recognize it as a human embryo “- we read in the materials of the Court.
If the egg has an innate ability to develop into a unit human, should be treated in the same way as the fertilized human ovum.
These definitions will have to take into account a British court, which asked the EU Court would interpret the concept of a human embryo.
This rule applies immediately
The High Court of Justice (ang. High Court of Justice) in the UK is to settle the dispute between the company International Stem Cell Corporation (ISCO) and the UK Patent Office. The question is whether you can patent a method of using human unfertilized oocytes activated by parthenogenesis or development of the egg without sperm.
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The EU Directive on the legal protection of biotechnological inventions of 1998 says that you can not patent the use of human embryos for industrial or commercial purposes, and the judgment of the Court of three years ago (Case Bruestle) recognized oocytes stimulated to develop without sperm for human embryos.
With reference to the judgment of the court of the British wanted to be clear that the human embryo is limited to organisms capable of initiating the process of development, which leads to the formation of a human being, because according to current scientific knowledge organisms, such as those at issue in applications for registration of a patent, can not develop into a human being.
However, the EU Court allowed to judge the British court, or organisms which are patentable company asks ISCO have an innate capacity developing in a human body or not. Extremely important is the interpretation of the concept of a human embryo, because from now on it will apply the decisions of national courts.
Author: Adso / PAP
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