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Project Summary
Stem
cell research, and embryonic stem cell research in particular,
offers the prospect of developing therapies for serious
life-threatening diseases. At the same time, human embryonic stem cell research
raises difficult and controversial moral questions which are
reflected in a variety of moral perspectives and regulatory
regimes already adopted or currently being developed in EU
Member States. These vary from total prohibition to qualified
authorisation in different forms and degrees.
The
diversity of legal regimes regulating human embryonic stem cell
research in Europe together with the subsidiarity principle,
which devolves competency on legislation concerning ethical
questions to Member States, has created uncertainty as to the
legal scope of the ‘moral exclusion’ clause in Article 6 of
Directive 98/44/EC of 6 July 1998 on the legal protection of
biotechnological inventions (the Biotech Directive).
Clarification
of the scope of Article 6 is essential to foster research and investment in Europe
whilst ensuring that such research is conducted within clear
ethical limits which address the concerns of society. The
project aims to provide an analysis of the EU patent system, as
applied to biotechnological inventions in general and to human
embryonic stem cells related technology in particular with a
view to ascertain the legal effect of ethical or legal
divergence on European Patent Law.
The
multi-facetted nature of the question raised requires the
combined efforts of experts from different disciplines to
contribute to the coordination, analysis and dissemination of
knowledge in this area. The multidisciplinary character of the
group of researchers carrying out the project is intended to
bring the required breadth and depth of expertise to bear on the
project.
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