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KMID : 1011120070010010051
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Bioethics Policy Studies
2007 Volume.1 No. 1 p.51 ~ p.63
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WARF cases and stem cell patents
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Park In-Hoi
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Abstract
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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.
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KEYWORD
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WARF patents, ordre public and morality, bioethics, patentability
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