Naslov
Patentability, Ordre Public and Morality: The Case of Inventions Involving Human Embryonic Stem Cells – An EU, US and Australian Perspective

Autori
Mutabžija, Jasmina ; Saunders, Eliza

Izvornik
Intellectual Property Forum (0815-2098) December 2004 (2004), Issue 59; 14-34

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Patentability, Ordre Public, Morality, Embryonic Stem Cell, Patent

Sažetak
Although the use of biotechnology is extremely promising for the advancement of medicine, it is tremendously controversial as living substances are used in the process and products of treatment. On the other hand however, it is arguable biotechnology provides more of a ‘naturalist’ method of treatment than that of chemicals commonly used in the Pharmaceutical industry. A significant advancement in biotechnology in the past five years has been the identification of stem cells. Their potential to be utilized in developing new medical treatments heralds an exciting and promising age in medical science and research. The emotional nature of the topic and the complexity of the science, however, have inhibited informed public dialogue, with the legislation and interpretation of such legislation being left to the legislative and judicial arms of government. Too often, the debate proceeds without a real grasp of the underlying science or an appreciation of the potential benefits and at the same time, dangers, of cloning. This is particularly so with the case of embryonic stem cells. The definitional difficulties contiguous to the term ‘embryo’ represent only one of numerous issues that make human ES cell research, in a legal milieu, so precarious. As the discovery of human ES cells is relatively novel, current patent legislation and research regulations are delayed in their incorporation of the new vocabulary that accompanies the scientific advancement.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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