Gratis, verplicht inschrijven vooraf nele.de.clercq@vub.ac.be 02-629 39 13

1. Embryonic stem cell patents: A legal and ethical analysis focussing on human dignity, commodification and moral complicity By : Prof. Sigrid Sterckx Organised by LSTS In November 2008 the Enlarged Board of Appeal of the European Patent Office refused a patent application on human embryonic stem cells filed by the Wisconsin Alumni Research Foundation (WARF). The key legal provisions of the European Patent Convention (EPC) at issue in this case were Rule 28(c) EPC, which forbids the granting of patents in respect of biotechnological inventions which concern uses of human embryos for industrial or commercial purposes, and Article 53(a) EPC, the morality provision of the EPC, which provides that no patents can be obtained for inventions of which the commercial exploitation would contravene the ‘ordre public’ or morality. Even though at the oral hearing before the Board, both WARF and the President of the European Patent Office identified the question whether the morality provision constituted a barrier to patentability as the core issue in this case, the Board astonishingly decided that this question did not need answering. In this talk we will analyse this decision. This will involve investigating the role and meaning of the concepts of ‘human dignity’ and ‘commodification’ in the decision. We will also comment on the relevance of moral complicity to the question of patentability in general and the question of patentability of human embryonic stem cells in particular. Sigrid Sterckx is a Professor of Ethics and Senior Research Fellow of the Fund for Scientific Research Flanders, associated to the Department of Philosophy & Moral Science of Ghent University, Belgium. She is also a Professor of Ethics at the Vrije Universiteit Brussel’s Faculty of Medicine & Pharmaceutical Sciences and Faculty of Arts & Philosophy. She teaches courses in Ethics, Bioethics and Medical Ethics. Sigrid Sterckx serves on several advisory committees, including the Belgian National Advisory Council on Bioethics. Her dissertation investigated the ethical justification of patents. Her publications include Biotechnology, Patents and Morality (Ashgate) and numerous book chapters and articles issues including the impact of patents on access to medicines and the patentability of human embryonic stem cells. Sigrid Sterckx is a member of LSTS. Where: Vrije Universiteit Brussel, building B, room 4B323 When: Tuesday January 19th 2010 from 12u30 till 14u00 Dinsdag 19 januari 2009 12.30 – 14.00 inschrijven informatie Gratis, verplicht inschrijven vooraf nele.de.clercq@vub.ac.be 02-629 39 13