EU Law, Patents and embryonic stem Cells
The Centre for Stem Cell Biology is dismayed by the recent ruling by the European Court that patents involving human embryonic stem cells would be against public morality (C-34/10, Prof. Dr. Oliver Brüstle v Greenpeace e.V.) and therefore cannot be granted in the EU.
In the UK, all the centres deriving stem cells from human embryos work to nationally agreed standards set out by the UK’s Medical Research Council, the Human Fertilisation and Embryology Authority and are approved by national ethics committees. Donors of gametes and embryos are given advice on the research by an independent third party.
In our experience the overwhelming majority of patients undergoing IVF treatment wish their surplus embryos to be used for stem cell research rather than destroyed needlessly. Whether or not patenting is available, the same number of embryos would be destroyed by being discarded.
This ruling however will stifle much-needed incentives in Europe to invest into the development of therapies based on these cells. The true affront to public morality and decency is that the many patients with degenerative diseases for whom the translation of stem cell research to clinical therapies is a top priority are penalised by a ruling they had no say in.
We urge research charities and patient advocacy groups to lobby the government to overturn this legislation.
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