Abstract
The patentability of stem cells and, in particular, stem cells derived from a human embryo (hESCs) is a vexed question. First of all, it is important to find a definition of hESCs that maintains the right meaning within the legal framework. Secondly, the exclusive right to exploit an invention that implies the previous destruction of a human embryo is matter of serious concern from ethical (philosophical, social, etc.) point of view. Once again, as already happened in the past on the pharmaceutical products patentability, a wide range of various interests and needs, confront each other.When it comes to laws that regulate the use and research on hESCs it is important to identify a common pattern. There are, in fact, many discrepancies among national laws and the reason is found in the different approaches to the ethical and moral concerns that are associated with the destruction of a human life-to-be and each nation is called to face the problem of the protection of such innovation through intellectual property rights. Such comparison gets different upshots depending on the countries and their culture, social and political approach and on the definition of what should be considered a “human embryo” from a legal point of view.It is important to acknowledge that a biotechnological invention is always the consequence of research and experimental activity that could be considered, in some cases, as “abhorrent” but, in the author’s opinion, it is not up to the patent law or patent offices to set limitations but it is rather up to the competent health and research authorities. Finally, the analysis carried in this paper underlines the strong need of harmonization between national laws.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call