Stem cell research threatened within EU Sep 24th 2012, 07:47 http://humanistfederation.eu/keep-do...pean-research/ Quote: European institutions are currently negotiating the Commission's new proposal "Horizon 2020" which will set the rules for European Union (EU) funding for research in Europe for the rest of the decade. Like previous programmes, "Horizon 2020" raises ethical issues (article 16), one of which is the European funding for human embryonic stem cell (hESC) research. The European Commission has recommended preserving this funding on the basis of existing European rules. However, in the European Parliament and among Member States, several voices have already called for this funding to be cut in order to respect the "human dignity" of these embryos. These opponents to hESC research have relied extensively on the 2011 "Oliver Brüstle v. Greenpeace" decision of the Court of Justice of the European Union (CJEU) which ruled that patent protection for inventions based on human embryonic stem cells (hESC) was forbidden in the EU. In its ruling, the CJEU argues that the destruction of human embryos for scientific research violates the principle of respect for human dignity. It has taken a broad interpretation of the term 'human embryo' to include any cell able to start the development process of a human being. The EHF is obviously very concerned that the CJEU has imposed an objectionable view of the term "human embryo" and disregarded the plurality of its moral perspectives in Europe. But it is also extremely worried to observe an abusive use of this CJEU ruling to reach conservative agendas which will surely hamper European research. Saying that the EU should not keep on funding hESC research because of this CJEU decision is gross propaganda : as several lawyers state it, its consequences for such research may not be as dramatic as they sound. - First, because this ruling does not forbid researchers to use human embryonic stem cells as research materials where permitted. It only restricts the patentability of such research.
- Second, because laboratories or businesses wherever they are based (included Europe) are still free to apply for patents on such cells in any of the worldwide jurisdictions where they are permitted.
- Third, because investors can find other ways to protect hESC inventions in Europe : for instance, by patenting the complex technology (i.e. robotics, software, chemicals) needed to turn human ES cells into treatments instead of the cells themselves.
- Finally, it is sometimes argued that this absence of patent protection could even create a European "research heaven" and attract hESC researchers.
Although it will take some time to work out the full implications of this ruling, hESC research will not be impeded in Europe because of this CJEU's decision. However, it could dramatically slow down if European funding were to be cut. | | |
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