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학술논문생명윤리정책연구2007.08 발행KCI 피인용 3

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
DOI:
http://dx.doi.org/10.38046/apjhle.2007.1.1.004
분류:
응용윤리학

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