Wednesday, October 19, 2011

European Court: No Patents on Human Embryonic Stem-Cell Products

The European Court of Justice ("ECJ") has held that scientists cannot patent products developed from any research which involves the destruction of the human embryo. The Court's full opinion is here. Greenpeace (!) began the case in 2004 by suing to block a Bonn researcher's patent on a technique for deriving neural cells from human embryonic stem cells. European law has banned patenting in connection with the "uses of human embryos for industrial or commercial purposes" since 1998, and German law includes similar language. The Greenpeace case turned on whether a blastocyst destroyed in creating a stem-cell line counts as an "embryo;" whether "industrial or commercial purposes" includes university-based research; and whether the European patent-exclusion law applies to research that is conducted significantly downstream from the act of embryonic destruction (for example, on stem cell lines produced many years ago, and purchased by German researchers from researchers in other countries). The German court's 2006 ruling in favor of Greenpeace was appealed to the German supreme court, who referred it to the ECJ for clarity on the meaning and application of the various terms. Earlier this year the ECJ's advocate-general recommended that the court uphold the patent ban, so yesterday's opinion was widely expected. The court held, first, that the term "embryo" includes any fertilized egg, any product of "research cloning" (in which an unfertilized egg has introduced into it a nucleus from a mature cell), and any parthenote (an unfertilized egg whose division and development have been artificially stimulated by researchers). (This last holding is surprising to me, since parthenotes aren't capable of developing into babies.) Next, the court held that scientific research is included within the legal restriction from patentability concerning the use of embryos "for industrial or commercial purposes". Finally, the court found that the patent restriction applies no matter how distant the research or patent is from the original act of embryonic destruction, and even if the patent itself makes no mention of embryos (referring, for example, only to particular cell-lines originally derived from embryos). There's a fine technical overview of the opinion here.

5 comments:

  1. Hello Friends i am so glad to write this article today to tell the world how Dr Onokun cured my HPV virus that have been in body since five years ago, ever since then my life has been in complete,i have used so many drugs that was prescribed to me by several doctors,but it didn't cure my HPV VIRUS neither did it reduce the pain, i was checking for solution on the internet then miraculously came across Dr Onokun the powerful herbalist that cure HPV INFECTION,then i contacted his email, i explained everything to him and he prepared a herbal cure and send it to me that was how i got cured from HPV disease totally after receiving his herbal medicine, so my friends viewers why waiting and be suffering with this HPV virus when there is someone like Dr Onokun that can cure any disease HIV/ CANCER/ HEPATITIS B VIRUS,HERPES VIRUS,ALS VIRUS. you can contact his via: dronokunherbalcure@gmail.com OR WHATSAPP HIM +2349064844957

    ReplyDelete
    Replies
    1. Hello I'm cambell by name, I'm giving a testimony about Dr.Emmanuel the great Herbalist, he has the cure to all manner of diseases, he cured my herpes disease, though I went through different website I saw different testimonies about different spell casters and herbalist, I was like: 'Many people have the herpes cure why are people still suffering from it?' I though of it, then I contact Dr. Emmanuel via email, I didn't believe him that much, I just wanted to give him a try, he replied my mail and Needed some Information about me, then I sent them to him, he prepared it (CURE) and sent it to Airfreight Online Courier Service for delivery, he gave my details to the Courier Office, they told me that 3-5 days I will receive the package and i took the medicine as prescribed by him and I went for check-up 2 weeks after finishing the medicine, I was tested herpes negative, if you are herpes positive do me a favor for you to contact him and I will try my possible best to make sure you get cured, when you contact him, make sure you tell him that I referenced you.. contact him via: nativehealthclinic@gmail.com or WhatsApp +2348140073965 

      Delete
  2. I was diagnosed of HERPES in 2015, i have tried everything possible in life from one doctor to another, one hospital to another, series of tests different kinds of medication i had already lost hope until i meet Great DR OBUDU online testimonies, a specialist in herbal medication from Africa, i contacted him true his email OBUDU.MIRACLEHERBALHOME@GMAIL.COM and he prepared HERPES herbal medication for me which i took for 7days and now i am completely cured i want to use this medium to express my gratitude to him for saving my life and curing me from HERPES VIRUS for taking away all my pains and sorrows, I''m indeed grateful and i am so happy I''m now cured totally, I will continue to tell the good news of your great works to everyone, if you have HERPES or other disease contact him true his Email: OBUDU.MIRACLEHERBALHOME@GMAIL.COM Or whatsApp him via +2347035974895 thank you my great DR OBUDU for curing me keep up your great work

    ReplyDelete
  3. I found out, that taking herbal treatment is the best to get rid of hpv as soon as i feel the symptoms of hpv is appearing, i took the healing process by contacting Dr onokun for natural treatment it works wonders, amazingly ever since I had the herbal treatment i have not feel these horrible disease anymore and my doc told me the virus is gone, i am glad i finally got cured out from this horrible disease. every hpv or herpes patients should also get in touch with this herbalist Dr to get ride of these disease forever his email address;
    dronokunherbalcure@gmail.com

    ReplyDelete
  4. 2 WEEKS AGO I ENDED NATURAL HERBAL TREATMENT FROM TRADITIONAL HEALER WHO IS IN AFRICAN, I GOT RID OF HPV VIRUS OUT OF MY BODY WITH HIS HERBAL TREATMENT. It SO AMAZING I'M FREE FROM THIS VIRUS FOREVER. YOU CAN REACH HIM ON; DRONOKUNHERBALCURE@GMAIL.COM

    ReplyDelete