title: The European Court of Justice's decision regarding the Brüstle patent and its implications for the legality of stem cell research within the European Union.
abstract: In 2011 the European Court of Justice issued a decision regarding the patentability of technologies derived from human embryonic stem cells. The finding will have an impact on the framework of stem cell research within the European Union and its Member States and has already triggered several political initiatives regarding the funding of research with human embryonic stem cells on the European level as well as a renewed public debate. This article will take a short look at the case history and the findings of the court. It offers some critical comments regarding the findings' consistency with European and international regulations on intellectual property rights as well as some considerations on the possible impact of the case for other fields of law.
authors.affiliation: 1 Institute of Science and Ethics , Stem Cell Network North Rhine Westphalia.
authors.forename: Martin
authors.initials: M
authors.lastname: Heyer
authors.forename: Tade Matthias
authors.initials: TM
authors.lastname: Spranger
mesh_terms: D053595:Embryonic Stem Cells; D005062:European Union; D006801:Humans; D018973:Intellectual Property; D057905:Stem Cell Research / Q000941:ethics / Q000331:legislation & jurisprudence*