Source: EURLEX
Language: en
Format: md

C 272 E/440 Official Journal of the European Union EN 9.11.2006

Wednesday 26 October 2005

Patents on biotechnological inventions

European Parliament resolution on patents for biotechnological inventions

The European Parliament,

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having regard to Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on

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having regard to the Convention on the Grant of European Patents of 5 October 1973 (European Patent

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having regard to its resolution of 30 March 2000 on the decision by the European Patent Office with
regard to patent No EP695351 granted on 8 December 1999 ( [3] ),

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having regard to Rule 103(4) of its Rules of Procedure,

A. whereas biotechnology is one of the most important technologies for the future and has to be sup ~~-~~
ported by a suitable political framework, also taking account of ethical, environmental and health

B. whereas patents are necessary to promote innovation,

D. whereas specific problems exist in the area of biotechnology, resulting in a need for general patent law

E. whereas the definition of ethically motivated limits is of particular importance in biotechnology,

F. whereas the European Patent Office granted a patent on 2 February 2005 (EP1257168) that includes a
method of selection of human germ cells and of the germ cells themselves,

G. whereas opposition has been made to this decision, so that the legal situation is still unclear,

( [1] ) OJ L 213, 30.7.1998, p. 13.
( [2] ) OJ C 110, 8.4.1998, p. 17.
( [3] ) OJ C 378, 29.12.2000, p. 95.

9.11.2006 EN Official Journal of the European Union C 272 E/441

Wednesday 26 October 2005

tions are also covered by the patent,

L. whereas over ~~-~~ generous granting of patents can stifle innovation,

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M. whereas the public must be fully informed and the European Union must play a leading role in pro

1. Supports biotechnology as a future technology and considers that an appropriate political framework
is important to support this technology, also taking account of ethical, environmental and health aspects;

4. Considers that the Directive provides the framework for this in most cases, but that it still leaves
important questions open, such as the patenting of human DNA;

6. Calls on the Commission to examine whether this interpretation of the Directive can be achieved by
means of a recommendation to the Member States or whether it requires an amendment to Article 5 of the

7. Reaffirms that no consideration of research can be allowed to override that of the dignity of human

9. Points out that germ cells are not patentable as part of the human body and certainly not an inven ~~-~~
tion, and that patent EP1257168 therefore constitutes an infringement of the Directive;

C 272 E/442 Official Journal of the European Union EN 9.11.2006

Wednesday 26 October 2005

10. Points out its deep concern about any plan to introduce methods for the selection of sex in humans;

11. Notes that any person may file a notice of opposition to the patent according to Article 99(1) of the
European Patent Convention;

12. Asks the Commission to file a notice of opposition to patent EP1257168 without delay;

15. Takes note of the conclusions of the second report concerning the scope of patents and the patent ~~-~~
ability of stem cells;

16. Calls on the Commission in the next report to consider carefully the proper implementation of
Article 4(1)(a) of the Directive;

19. Instructs its President to forward this resolution to the Council, the Commission, the governments of
the Member States and the European Patent Office.

Economic migration

European Parliament resolution on an EU approach to managing economic migration (COM(2004)

The European Parliament,

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having regard to the Commission Green Paper on an EU approach to managing economic migration

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having regard to the Universal Declaration of Human Rights, and in particular to Article 13 thereof on

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having regard to the Charter of Fundamental Rights of the European Union, and in particular to Arti

~~~~ having regard to the Commission communication entitled Study on the links between legal and illegal