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Court of Justice case C-364/13 (International Stem Cell Corporation)

14 August 2013

The IP Federation is urging UK intervention at the Court of Justice of the European Union (CJEU) in Court of Justice case C-364/13 (International Stem Cell Corporation).

The UK High Court of Justice has posed questions to the Court of Justice of the EU (CJEU) asking whether unfertilised human ova whose division and further development have been stimulated by parthenogenesis (known as “parthenotes”), and which, in contrast to fertilised ova, contain only pluripotent cells and are incapable of developing into human beings are included in the term "human embryos" in Article 6(2)(c) of Directive 98/44/EC on the legal protection of biotechnological inventions?

We are therefore urging the UK to intervene and to argue that the question referred to the CJEU should be answered in the negative: i.e. cells capable of commencing the process of development of a human being but which do not have the capacity to develop into a human being, such as pluripotent cells, should NOT be considered as included in the term “human embryos”. Such a position supports research in the cell therapy area in the UK and in EU and is consistent with the purpose of the Directive 98/44/EC to further research in biotechnology while fully safeguarding human dignity, morality and ordre public.

For full details, click HERE.

To see all our policy papers, click HERE.



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