Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92000E1037

**WRITTEN QUESTION E-1037/00 by Francesco Speroni (TDI) to the Commission. Intellectual property rights and human genetic material.** 
  
*Official Journal 026 E , 26/01/2001 P. 0147 - 0148*

  

WRITTEN QUESTION E-1037/00

by Francesco Speroni (TDI) to the Commission

(4 April 2000)

Subject: Intellectual property rights and human genetic material

The difficult ethical and legal issues raised by the recent granting by the EPO (European Patent Office) of a patent for human genetic material, have once again focused attention on the rules that currently govern the sensitive area of biotechnology.

Can the Commission say whether it considers that steps should be taken to ensure that the patent granted by the EPO to the Australian firm Stem Cell Sciences is withdrawn?

Answer given by Mr Bolkestein on behalf of the Commission

(5 June 2000)

The Member of the Commission responsible for the Internal market stated to Parliament, in the course of a debate on 31 March 2000, that the Commission is aware of, and indeed shares, the concerns expressed about the granting of patent EP695351 to the University of Edinburgh for an invention in the area of stem cell technology made by that institution in collaboration with Stem Cell Sciences. He informed the Parliament that he has written to the European Patent Office requesting that the Office takes whatever action it considers necessary to correct the error that resulted in this patent being granted in its current form. In response, the European Patent Office agreed to establish an opposition division immediately to consider the oppositions that have already been filed against this patent. This opposition division, which was duly established on 29 March 2000, will issue a preliminary ruling as soon as possible. This could lead to the patent being either revoked, upheld in its present form or upheld in an amended form. The Commission will continue to monitor the situation and, should the preliminary ruling not prove to be acceptable, will consider further action including formally opposing this patent itself.

Furthermore, following the Parliament resolution of 30 March 2000, the European group on ethics in sciences and new technologies is preparing an opinion on the ethical aspects of human embryonic stem cell research that will be published this summer.

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