Patentability, Ordre Public, and Moral Pluralism
Date: 4 May 2011
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Prof. Roger Brownsword (King’s College London) presents the final CIPPM lecture on the 5 May 2011. |
The annual Spring Public Lecture Series of the Business School’s Centre for Intellectual Property Policy & Management concludes this week.
Date: Thursday, 5 May 2011
Time: 6:00 pm
Location: EB306, Bournemouth University, Executive Business Centre, 69–89 Holdenhurst Road, Bournemouth, BH8 8EB
Should inventions be excluded from patentability because they are "immoral" in some way? Early contested examples include the patenting of cancer causing genes (Harvard Onco–Mouse), and genetically modified crops (Plant Genetic Systems).
According to Article 6(1) of the European Patent Convention, "[i]nventions shall be considered unpatentable where their commercial exploitation would be contrary to ordre public or morality". Under Article 6(2), the following, in particular, shall be considered unpatentable: "(a) processes for cloning human beings; (b) processes for modifying the germ line genetic identity of human beings; (c) uses of human embryos for industrial or commercial purposes; (d) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes."
Morals are culturally specific, and some are tied to particular religions. Should there be different regional standards to patentability? Professor Brownsword will examine dignitarian, utilitarian and human rights based perspectives, with reference to a current case before the European Court of Justice concerning a human stem cell patent (Brüstle v Greenpeace). According to the Advocate General’s opinion (10 March 2011), pluripotent embryonic stem cells are not an embryo. However, if they are derived from an embryo that has been destroyed they are not patentable under the Art. 6(2) exclusions.
Attendance is free, but seats can be reserved by pre–registration via email at: bsresearch@bournemouth.ac.uk.
For more information about the CIPPM and for details of future CIPPM public lectures, please visit: http://www.cippm.org.uk/.
