Press Release

20/10/2005

"Designer baby patent" rejected by EPP-ED Group. Peter Liese MEP

The Christian democrats in the European Parliament oppose the so-called "patent on designer baby" which was granted by the European Patent office some months ago. This patent (EP 1257168) covers a method to select mammalian sperm including human sperm (germ cells). The method enables selection of the sex of the offspring during artificial insemination.

"This patent is problematic from an ethical point of view, but it also, from a legal point of view, constitutes a clear violation of the directive on patenting of biotechnological inventions. This is because the patent not only covers the method to select the sperm, but also the human germ cells as such. This is clearly excluded under the above mentioned directive, and therefore action against this violation has to be taken" states Dr. Peter Liese, Chairman of the EPP-ED's working group on Bioethics.

In November, the deadline to lodge an appeal against the patent expires, therefore the European Parliament wants to address the problem by a resolution in October. Furthermore the debate will deal with the general question of patenting of biotechnological inventions. The Christian democrats support biotechnology and also patenting in this field because they believe that this pushes innovation forward. Liese stresses though that his political group advocates ethical limits and that certain specific features have to be respected in the field of biotechnology.

"The question of patenting human genes (DNA sequences) is still disputed. We are in favour of a purpose-bound protection., which means genes should only be patentable in connection with a purpose and the scope of the patent should only cover that purpose. We believe that for this there is no need to amend the directive, but that the Commission has to recommend a corresponding implementation of the directive to the member states" says Liese who has done his doctorate at the institute for human genetics of the University Bonn.

"In terms of the question of patents on embryonic stem, which is also very controversial, we think that the spirit of the directive opposes patents on embryonic stem cells. Article 6 of the directive excludes from patentability methods where human embryos are destroyed for industrial and commercial purposes. Embryonic stem cells are not precisely mentioned in the directive, as at the time of its adoption human embryonic stem cells were not yet known. Nevertheless, it would oppose the spirit of the directive if embryonic stem cells could be patented. The European Patent Office has shared our position that embryonic stem are not to be patented in a decision some years ago, but there are signs that this position is controversial also within the Patent Office. Thus a political statement from the European Parliament's side is urgently necessary" states Dr. Liese.

The debate is on next Tuesday's agenda for the Plenary sitting. In favour for an according initiative are in addition to the Christian Democrats also the Greens. The position of the Liberals and Socialists is still unclear at the moment.

Debate in Plenary next Tuesday

For further information:
Peter Liese MEP, Tel. +32 2 2845981
Fax +32 2 2849981
e-mail: peter.liese@europarl.europa.eu
EPP-ED Press Service,
Knut Gölz, Tel.: +32 479 972144
Thomas Bickl, GSM +32 478 215372