EU court rules on biotech patents
The European Court of Justice (Luxembourg) has upheld EU Directive 98/44/EC covering the patenting of biological material, rejecting an attempt by the Netherlands to have the directive annulled. Adopted in July 1998, the directive allows the patenting of biological material only in combination “with a technical process making it possible to isolate that [natural] element or reproduce it with a view to an industrial application. . .” For instance, a human gene sequence accompanied by a description of the sequencing method and the intended industrial use. But the Netherlands, later supported by Norway and Italy, has argued that no biological material—whether plant, animal, or human—should be patentable, and that the issue is a national one and not for the European Parliament to decide. However, the court has ruled that the directive is stringent enough to safeguard human dignity, and supports harmonization of national laws in this area to facilitate intracommunity trade. The three opposing countries must now implement the directive; the deadline was June 30, 2000. AB
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