Pros and cons of patenting stem cells (original) (raw)

The Patentability of Methods of Using Embryonic Stem Cells (pl+eng)

Medyczna Wokanda, 2018

Zdolność patentowa sposobów wykorzystywania embrionalnych komórek macierzystych The Patentability of Methods of Using Embryonic Stem Cells The article looks at the issue of commercial and non-commercial aspects of intellectual property in the context of the patentability of inventions. The deliberations regarding the patentability of biotechnological inventions remain extremely important for both theory and practice, especially considering the dynamic development of the medical services and the pharmaceutical industries, among others the biological and bio-based medicine market. The Court of Justice of the European Union in its judgment of 18 July, 2013 in Case C-414/11 Daiichi Sankyo Co. Ltd. confirmed that, in accordance with the current wording of the Treaties, “commercial aspects of intellectual property” fall within the field of the common policy of the European Union. The common commercial policy falls within the exclusive competence of the European Union. This means that it has the power to conclude international agreements independently, including the regulation of aspects relating to patentability. The author criticises the conclusion adopted by the Tribunal. The line of demarcation between “commercial” and “non-commercial” aspects of intellectual property is very unclear. Due to the lack of a uniform ethical assessment, decisions regarding biotechnological inventions (in particular embryonic stem cells) should be taken, in the author’s opinion, at the national level.

Review of Challenges in the Commercialization of StemCell Research Technologies

2020

Stem cell technology, due to its high potential, is experiencing rapid growth in practical therapeutic applications. How patents affect the stem cell research industry continues to remains in chaos. The patent system’s main aim is to promote creativity by giving the patent proprietor a provisional monopoly over the patented invention. Patent security is a key factor that influences the creation and commercial success of innovations in the regenerative medicine and life sciences. Biomedicine innovation in stem cell research demands balance between the various stakeholder interests. This paper explores etiological factors contributing to the current problems of patentability of human stem cell-based innovations in the stem cell research market.

Proliferating Patent Problems with Human Embryonic Stem Cell Research?

Journal of Bioethical Inquiry, 2006

The scientific challenges and ethical controversies facing human embryonic stem cell (hESC) research continue to command attention. The issues posed by patenting hESC technologies have, however, largely failed to penetrate the discourse, much less result in political action. This paper examines U.S. and European patent systems, illustrating discrepancies in the patentability of hESC technologies and identifying potential negative consequences associated with efforts to make available hESC research tools for basic research purposes while at same time strengthening the position of certain patent-holders' rights. Differences between the U.S. and the European contexts may in part explain why the course of hESC research in those jurisdictions ultimately diverges. Nevertheless, questions about whether and how patenting, related agreements, and licensing practices progress and shape the field of hESC research in both the U.S., Europe, and elsewhere must no longer be marginalised. These questions are fundamentally important in determining what benefits are likely to result from hESC research. Assuring these benefits is the moral issue with which patent systems are most intrinsically concerned, and that governments must begin to directly address rather than assume or ignore.

Patentability of the Human Embryonic Stem Cell Lines: A Legal and Ethical Aspect

Novel Perspectives of Stem Cell Manufacturing and Therapies, 2021

In this study, patentability of the human embryonic stem cell lines has discussed in the legal and ethical perspectives. In vitro human embryonic stem cells can be defined as body parts that are departed from the body. Human embryonic stem cell lines are constituted of differentiated self-renewal pluripotent stem cells, which means they have no characteristics to become a human-being. However, interpreting the terms like human embryo and right to property widely can cause the human embryonic stem cell lines are misunderstood as unpatentable. For our point of view, giving the human embryo the protections of both personal rights of the donor and the right to property of the owner of the invention does not reduce the legal/moral status of the human embryo. Besides, the obligations which these rights imposes to their owners, such as the principle of human dignity and prohibition of financial gain can protect the human embryo in a better way.

Patentability of Human Embryonic Stem Cells in India

Russian Law Journal

The hESC research with recent developments has become one of the most desirable research fields for the scientist. The reason behind such an approach is basically the great potential to treat and cure the human race of very incurable diseases. Countries around the world have amended their policies with regards to stem cells in such a way as to enhance the advantage as the stem cell market is a trillion-dollar market. The research procedure involving patentable invention is time-consuming and requires many expenses, so the investor is always keener to know if they will get any monetary benefit. Though the medical field promises about importance of stem cell and biotechnological research, there are concerns in some countries, such as India, about potential policy implications that would affect the patenting innovations in this industry. As India lacks a coherent legislative policy regarding stem cell patenting, it is creating more confusion for research in stem cell research. Often, r...