A win for human dignity

Published: 13 November 2011

ROME (Zenit.org): The European Court of Justice has ruled out the possibility of patents in any process involving stem cells taken from human embryos.

The October 18 ruling came as a result of a case involving Oliver Bruestle of the University of Bonn.

He applied for a patent on December 19, 1997, regarding cells produced from human embryonic stem cells used to treat neurological diseases.

Greenpeace challenged the patent in German courts and won when the patent was ruled invalid by the Federal Patent Court.

An appeal by Mr Bruestle resulted in the case being referred to the European Court of Justice.

In its decision the European Court of Justice declared that medical and ethical considerations were outside its competence and that only legal factors were taken into account.

The court said that "any human ovum must, as soon as fertilised, be regarded as a 'human embryo' if that fertilisation is such as to commence the process of development of a human being".

In addition, ovum produced by parthenogenesis must also be classified as human embryos.

Patents cannot be obtained when human embryos have been used, the court declared.

Nevertheless, it did not rule out the possibility of patents for therapeutic or diagnostic purposes, which are to be used on human embryos and which are beneficial to them.

The Commission of the Bishops' Conferences of the European Community (COMECE) welcomed the decision.
In its press release COMECE noted the ruling provided "a broad, scientific sound definition of a human embryo".

Fertilisation does indeed mark the beginning of a new human life, they said.

"Therefore the human embryo, at every stage of development, must be considered a human being with potential, and not just a 'potential human being'."

As a result of the decision COMECE declared that scientific research using alternative sources will be given a boost.

Until now research using adult stem cells has remained in the shadow of research using embryonic stem cells.

"The use of adult stem cells, stem cells derived from umbilical cord blood and others offer, in some cases already, significant possibilities for regenerative medicine," COMECE said.

L'Osservatore Romano called the decision a victory for human dignity.

The Vatican itself remains active in the stem-cell debate.

It recently signed an agreement for one million dollars with an American research company NeoStem.

According to an October 20 report by the Los Angeles Times the money will help fund education and research into adult stem cells.

Fr Tomasz Trafny, of the Pontifical Council for Culture, said the compact was unprecedented.

He told the Los Angeles Times the Vatican decided to go ahead with the deal for two reasons.

"First, they have a strong interest in ... searching for the cultural impact of their own work, which is very unusual," he said. "Many companies will look at the profit and only at the profit.

"And the second, of course, is that they share the same moral, ethical sensitivity. ... Because of that ethical position, we entered into this unique collaboration."

The company will also be a participant in a conference due to be held in the Vatican from November 9-11.
The conference will be on the  theme "Adult Stem Cells: Science and the Future of Man and Culture."