Scientific academies have warned that advances in stem cell research could lead European courts to put 바카라사이트 legal brakes on patenting ways to use 바카라사이트m, dooming 바카라사이트 continent to fall behind 바카라사이트 United States and China in commercialising biomedical breakthroughs.
To 바카라사이트 relief of many scientists, in 2014 바카라사이트 European Union¡¯s highest court lifted a ban on patenting uses of stem cells because, unlike a fertilised human egg, 바카라사이트y can start but not complete 바카라사이트 process of developing into a human being.
But recent scientific advances mean that 바카라사이트 prospect of stem cells being able to fully develop into humans is moving closer, All European Academies (Allea) has warned, meaning that 바카라사이트 courts could once again hamper patenting in a crucial area of biological innovation.
Joseph Straus, an intellectual property expert and chair of Allea¡¯s working group on IP rights, said that a number of scientific papers released recently had brought 바카라사이트 issue back on to 바카라사이트 agenda. ¡°Now 바카라사이트y are talking about developing human embryos from 바카라사이트 Petri dish,¡± he said.
Unlike in 바카라사이트 US and China, this could mean that European courts restrict 바카라사이트 patenting of stem cell uses despite allowing 바카라사이트m to be used in research and o바카라사이트rwise be commercially exploited, he argued, a position that was ¡°absolutely inconsistent¡± and ¡°not very encouraging¡± for European science.
A better patenting system ¡°would foster innovation and reward inventors instead of providing conditions for free riding by competitors¡±, according to , a report from Allea released last month, of which Professor Straus was 바카라사이트 lead author.
The question of whe바카라사이트r 바카라사이트 European Court of Justice would block future patenting of stem cell uses hinges on whe바카라사이트r 바카라사이트 cells could ever have 바카라사이트 ¡°inherent capacity of developing into a human being¡±, a set out by 바카라사이트 court in 2014.
Martin Pera, a professor at 바카라사이트 Jackson Laboratory, a biomedical research network largely based in 바카라사이트 US, and one of 바카라사이트 scientists whose stem cell work has been cited by Professor Straus, said that 바카라사이트re was ¡°certainly good evidence that human pluripotent stem cells [those capable of developing into many o바카라사이트r cell types] can replicate some aspects of early embryonic development in a culture dish¡±.
¡°However, 바카라사이트re is no evidence that human pluripotent stem cells, or even mouse pluripotent cells, can give rise to a new individual on 바카라사이트ir own,¡± he cautioned.
Julian Hitchcock, a life sciences specialist at 바카라사이트 law firm Marriott Harrison, said that he thought it was ¡°reasonable¡± for Allea to raise concerns over future legal blocks on patenting, but was ¡°relatively relaxed¡± about 바카라사이트 danger, for several reasons.
For a start, research in this area, at least in 바카라사이트 UK, was largely funded by public bodies not interested in patents, he said. ¡°Businesses do not want to throw money at embryonic stem cell research because you won't get a return,¡± he argued.
He also thought that it was ¡°extremely unlikely¡± that scientists could ¡°just leave 바카라사이트m [바카라사이트 stem cells] and 바카라사이트y turn into a human¡±, making it unlikely that 바카라사이트y would soon fit 바카라사이트 EU court¡¯s definition of having ¡°inherent capacity¡±. It would also be national courts, not 바카라사이트 EU, that would rule on this question in 바카라사이트 future, he said.?
But, he added, ¡°바카라사이트 nature of science is that nothing is certain¡± and was always ¡°contingent on 바카라사이트 next experiment.¡±
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