Patents, animal experiments and animal sentience—where do we currently stand?

Abstract

At present, the European Union (EU), and therefore the UK, recognizes non-human animals (hereafter ‘animals’) as ‘sentient beings’.1 In the wake of the Brexit referendum, there has been much political talk over what will happen to this sentience provision once the UK leaves the EU.2 In December 2017, the UK Government announced that the sentience of animals would continue to be recognized once the UK leaves the EU; however, it is unclear what form any such protection would take. On 7 August 2018, the UK Government stated that it would continue to work on the issue of animal sentience ‘with the intention of introducing any necessary legislation before the UK leaves the EU’.3 This article looks at the current UK legal framework regulating the use of animals in the life sciences sector, focussing on the patenting of animals and the use of animals in scientific experiments relating to medicinal products for humans. Where does our legal landscape currently stand and how far, if at all, does the sentience provision limit the use of animals in the life sciences? And, will the regulatory landscape change post-Brexit?