EU PASSES BUCK ON BIOTECH PATENT PROTECTION

The European Commission has announced that it does not intend to adopt a specific position on gene sequencing patents, according to international reports. The Commission has recently published a report on the patentability of new products arising from stem-cell research, but official sources are unclear on whether there are any significant conflicts in legislation between the individual European Union (EU) member states.

The decision has come as a surprise, but in the meantime the Commission has pledged to monitor the situation. However, according to the so-called Biotechnology Directive of 1998, any stem cells which are capable of developing into a human being will remain unpatentable on the grounds of "human dignity."

This implies that while products developed from these cells are likely to be patentable, the cells themselves will lack patentable status. The Directive has not been implemented in Italy, Luxembourg, Latvia and Lithuania, all countries which have made newsworthy advances in stem-cell research and cloning in recent years.