European court bars embryonic stem cell patent
Source: Agencies |
October 19, 2011, Wednesday
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Print Edition
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European law forbids patenting any process that involves removing a stem cell from and then destroying a human embryo, Europe's top court ruled yesterday, a judgment with deep ramifications for medical research.
The ruling by the European Court of Justice concerned a method invented by Oliver Bruestle of the University of Bonn for converting human embryonic stem cells into nerve cells. The court's decision had been seen as critical for the development in Europe of stem cells for the treatment of a range of diseases from Parkinson's to blindness.
"It means fundamental research can take place in Europe, but that developments that follow from that cannot be implemented in Europe," Bruestle said after the verdict.
"It means European researchers can prepare these things but others will pick the fruits in the US or Asia. That is very regrettable."
The judgment concerned stem cells in the blastocyst stage, just before implantation, when the embryo consists of around 80 to 100 cells.
The court said: "A process which involves removal of a stem cell from a human embryo at the blastocyst stage, entailing the destruction of that embryo, cannot be patented."
The court said its ruling reflects European law, which protects human embryos. It said a European directive on biotechnology patents is "intended to exclude any possibility of patentability where respect for human dignity could thereby be affected."
The use of embryonic stem cells has long been the subject of controversy. Tuesday's judgement followed a case brought in Germany by Greenpeace, challenging a patent filed by Bruestle in 1997.
The ruling by the European Court of Justice concerned a method invented by Oliver Bruestle of the University of Bonn for converting human embryonic stem cells into nerve cells. The court's decision had been seen as critical for the development in Europe of stem cells for the treatment of a range of diseases from Parkinson's to blindness.
"It means fundamental research can take place in Europe, but that developments that follow from that cannot be implemented in Europe," Bruestle said after the verdict.
"It means European researchers can prepare these things but others will pick the fruits in the US or Asia. That is very regrettable."
The judgment concerned stem cells in the blastocyst stage, just before implantation, when the embryo consists of around 80 to 100 cells.
The court said: "A process which involves removal of a stem cell from a human embryo at the blastocyst stage, entailing the destruction of that embryo, cannot be patented."
The court said its ruling reflects European law, which protects human embryos. It said a European directive on biotechnology patents is "intended to exclude any possibility of patentability where respect for human dignity could thereby be affected."
The use of embryonic stem cells has long been the subject of controversy. Tuesday's judgement followed a case brought in Germany by Greenpeace, challenging a patent filed by Bruestle in 1997.
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