Stem Cells Industry and Beyond: What is the Aftermath of Brüstle?

By Dr Enrico Bonadio

On 18 October 2011 the CJEU released its decision in Brüstle v Greenpeace. This is a widely reported case on the exclusion from patentability of inventions related to human embryonic stem cells (HESCs) on morality grounds.

The article aims to verify whether the Brüstle ruling may expose the EU and some of its Member States to a WTO challenge for failing to comply with Article 27(2) TRIPS as well as whether the decision may have an impact in fields other than HESCs and thus be invoked to oppose the issuance, or challenge the validity, of any patent obtained through immoral or unlawful activities.


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