WARF 사건과 줄기세포 특허
WARF cases and stem cell patents
박인회(이화여자대학교)
1권 1호, 51~63쪽
초록
It has been discussed for many years whether inventions in the fields of biotechnology are patentable or not, because human cannot create a life. Since human embryonic stem cell researches are involved with the parts of human body, there are much more issues of patentability. Wisconsin Alumni Research Foundation has three major patents in the field of human embryonic stem cell research. Recently, the patents have been challenged in the USA and Europe. The basis of challenge, however, are not same. In the United States, thess patents are at issue because their royalties are too expensive and these patents are obvious from prior arts. On the other hand, these inventions are not patentable because they are threatening “ordre public” or “morality”. The decisions and the logic of decision may cause another great controversy in both continents, that’s the reason why we should wait for the decisions.
Abstract
It has been discussed for many years whether inventions in the fields of biotechnology are patentable or not, because human cannot create a life. Since human embryonic stem cell researches are involved with the parts of human body, there are much more issues of patentability. Wisconsin Alumni Research Foundation has three major patents in the field of human embryonic stem cell research. Recently, the patents have been challenged in the USA and Europe. The basis of challenge, however, are not same. In the United States, thess patents are at issue because their royalties are too expensive and these patents are obvious from prior arts. On the other hand, these inventions are not patentable because they are threatening “ordre public” or “morality”. The decisions and the logic of decision may cause another great controversy in both continents, that’s the reason why we should wait for the decisions.
- 발행기관:
- 생명의료법연구소
- 분류:
- 응용윤리학