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Court ruling on stem cell patents could hit Dundee’s biotech sector

Court ruling on stem cell patents could hit Dundee’s biotech sector

A European Court ruling that may stop patients receiving life-saving treatments developed through stem cell research could fatally undermine Dundee’s biotech and life sciences sector.

The European Court of Justice is considering a test case that could make it illegal to patent any applications that utilise embryonic stem cells on moral grounds.

Although stem cell research could lead to cellular treatments for a range of conditions and diseases from baldness to Alzheimer’s the court has been given a recommendation that any use of cells derived from human embryos breaches ethical principles.

The court was given the advice by Yves Bot, one of its eight advocate generals responsible for giving independence guidance to the court.

If the court does heed that advice, then scientists are warning the ban on stem cell treatments would be catastrophic for patients and the biotech industry across Europe.

Most stem cell research is now carried out in private and public partnership. Although a ban on patents would not necessarily mean research would stop altogether, private investment would likely dry up, as there would be no chance of a return.

Professor Kate Storey, head of the Division of Cell and Developmental Biology in the College of Life Sciences at Dundee University, concurred.

The city is home to a biotechnology cluster that accounts for 16% of Tayside’s economy already, while Dundee University is Scotland’s third most research-intensive university.’Disincentive’Professor Storey said, “The possible prevention of patent rights on uses of human embryonic stem cells by the European Court of Justice will be a huge disincentive to biotech industry investment in stem cell research.

“This will undermine current development of cell-based therapies and drug discovery for important human diseases, such as Parkinson’s and Alzheimer’s.

“This is not only counter-productive for human health, but it is likely that European discoveries will simply be translated into applications elsewhere, affecting EU economic growth as well,” the professor added.

Despite the potential medical benefits of stem cells, their use remains controversial.

The Catholic Church remains vehemently opposed to the use of embryos for such research, claiming they destroy human life.

However, researchers say the benefits are too great to be ignored and that embryos are collected before a heartbeat has developed or could survive outside the womb.

In-vitro fertilisation creates a large number of embryos that are unused and normally destroyed but can be used for stem cell research.

Peter Kearney, spokesman for the Catholic Media Office in Scotland, said, “With stem cell research a life is ended. Not a potential life, a life with potential. This shouldn’t happen to a human life at its most helpless.”

Sir Ian Wilmut, the creator of Dolly the Sheep and director of the Scottish Centre for Regenerative Medicine at Edinburgh University, has also warned the European Court of Justice about the dangers of implementing a ban on awarding patents for treatments derived from stem-cell research.

Image used under Creative Commons licence courtesy of PLoS Biology.