Abstract

GUILLEM-TATAY PEREZ, David. It is not patentable a biotechnological invention involving the destruction of human embryos.: Meaning and scope of the sentence CJEU in case C-34/10. Rev. Bioética y Derecho [online]. 2012, n.26, pp.44-54. ISSN 1886-5887.  https://dx.doi.org/10.4321/S1886-58872012000300006.

Last October 18th, the European Union Court of Justice pronounced a sentence in order to answer some prejudicial questions, and concluded that a procedure in which stem cells are extracted from a human embryo, being considered so since it´s conception, it´s not patentable if this procedure itself implies the embryo´s destruction. The sentence makes a legal analysis about a series of articles of the Directive 98/44/EC, about the Law of patents in biotechnological inventions. Given the publication of the sentence has been evaluated by multiple articles criticizing or exalting the European Union Court of Justice´s resolution, the main objective of this article is to analyze accurately the legal meaning of the sentence.

Keywords : Brüstle; Greenpeace; TJUE; patents; biotechnology.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )