[Patents] European Court Upholds Patent for Life Forms

[seth.johnson@realmeasures.dyndns.org (Seth Johnson)]

(Forwarded from Ptoecting Knowledge list,
protecting_knowledge@yahoogroups.com)

-------- Original Message --------
Date: Wed, 10 Oct 2001 21:52:19 -0700
From: Don <dbain@telus.net>


-------- Original Message --------
Date: Wed, 10 Oct 2001 17:53:34 -0400
From: "Dionne Stout,Tamara [NCR]" <Tamara.DionneStout@ec.gc.ca>

from the October 10, 2001 edition 

http://www.csmonitor.com/2001/1010/p7s2-woeu.html

European Court upholds patent for life forms

Associated Press 

BRUSSELS - European Union rules allowing for the patenting of life forms
with industrial applications do not violate human dignity, the European
Court of Justice has ruled.      The court yesterday rejected a
challenge brought by the Netherlands to a 1998 EU directive setting out
which inventions involving plants, animals, or the human body may be
patented.

That directive required the 15 member states of the EU to allow
patenting, under certain conditions, of "biotechnological inventions"
that may have industrial applications.

The Dutch government, traditionally opposed to genetic manipulation of
living organisms, sought to annul the directive, arguing that granting
patents for isolated parts of the human body, such as gene sequences,
undermined "the fundamental right to human dignity and integrity."

The court rejected that argument, finding that the EU law was framed in
"stringent enough terms to ensure that the human body remains
unavailable for patenting and inalienable and human dignity is
safeguarded."

It also noted that processes that offend human dignity, such as cloning
humans, modifying the genetic identity of humans, or using human embryos
for industrial or commercial purposes, are prohibited.

There was no immediate reaction from the Dutch government, which was
supported by Italy and Norway.

Only four EU countries - Britain, Ireland, Finland, and Denmark - have
fully incorporated the EU directive into their national law, more than a
year after the deadline for doing so.

Critics say the delay shows dissatisfaction with the directive and have
called for its renegotiation.

"Opposition against patents on life is growing," says Greenpeace
campaigner Christoph Then. "We need a political solution, now more than
ever."

But industry groups welcomed the court decision and called on EU
governments to stop foot-dragging.

"Full implementation is now necessary to stimulate our confidence to go
investing in this very promising, but highly costly and risky field of
biomedicine," says Brian Ager, director general of the European
Federation of Pharmaceutical Industries and Associations.

Europe's biotech industry has lagged behind that of the US, although EU
officials have cited the field as worthy of special attention for
creating jobs in the 21st Century.

"It is now high time to act," says Ernesto Bertarelli, chairman of
Emerging Biopharmaceutical Enterprises, representing 30 European biotech
firms.
 
__________________________________________
Indigenous Peoples' Secretariat (Canada)
 on the Convention on Biological Diversity
Place Vincent Massey, 9th Floor
351 St. Joseph Blvd.
Hull, PQ  K1A 0H3   Canada
Tel: 819.953.5819
Fax: 819.953.1765
tamara.dionnestout@ec.gc.ca

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