14 March 2011

Advocate General Issues Press Release in Case C-34/10, Brüstle v Greenpeace eV, Relating to German Stem Cells Patent Application

Advocate General Issues Press Release in Case C-34/10, Brüstle v Greenpeace eV, Relating to German Stem Cells Patent Application

As reported in the February 2010 issue of the D Young & Co patent newsletter, a case has been referred to the European Court of Justice (ECJ) concerning a German patent application for the production of neural precursor cells from embryonic stem cells.  The patent was being opposed by Greenpeace and the ECJ had been asked for a preliminary ruling on an article of the EC Directive 98/44/EC which addresses the legal protection of biotechnological inventions, more specifically the patentability of embryos, embryonic stem cells and stem cell lines.

On 10 March 2011, the Advocate General in this case issued a press release which could have significant implications for stem cell research in the UK and Europe if and when a final ruling is announced.  The full opinion document is also provided on the ECJ website.

Useful links:

D Young & Co patent newsletter February 2010: http://www.dyoung.com/patentnewsletter-feb10#anchorlink4
Press release issued by Advocate General: http://bit.ly/adgenpr
Full opinion document: http://bit.ly/c3410