ECJ Ruling will Threaten Stem Cell Research in UK

Dr David Martin [1] an expert in life  sciences patents from leading intellectual property advisors Mathys & Squire LLP,

gives Labmate UK & Ireland his comments on today’s (18/10/2011) ECJ ruling [2] to ban patents for any invention that involves the destruction of human embryos.

“Stem cell research offers potential to deliver new treatments for currently incurable illnesses like chronic heart  disease, diabetes and Parkinson’s. “Patents are essential to encourage the investment required to move stem cell

research from theory to practice. EU institutions are out of touch with the reality of innovation and in this case the ECJ has applied an overly restrictive approach in an area rife with differing emotional, ethical and moral concerns. Without doubt clarity is needed in such a delicate area, but the answer is not to deem all inventions from stem cell research

using human embryos immoral and therefore not patentable.

“While inventions which rely on nonembryonic human cells (including stem cells) are patentable, in recent years much investment has been made in Europe to develop embryonic stem cell based therapies.

The ruling states that all stem cell inventions requiring the destruction of human embryos at any stage are considered immoral, and hence not patentable.

“Inadequate patent protection will drastically reduce the incentive scientists and researchers have to invest in  embryonic stem cell research. Today’s advice has gone against the more fluid position recommended by patent

experts across Europe. It is unfortunate as this ruling could act to drive Research and Development into embryonic stem cell therapies away from Europe.”

[1] (www.mathyssquire.com/associates/david-martin.asp)

2. (http://curia.europa.eu/jcms/upload/docs/ application/ pdf/2011-10/cp110112en.pdf)