In June last year, the UK High Court made a reference to the Court of Justice of the European Union (“CJEU”) in Case C-364/13 International Stem Cell Corporation v Comptroller General of Patents,
In June last year, the UK High Court made a reference to the Court of Justice of the European Union (“CJEU”) in Case C-364/13 International Stem Cell Corporation v Comptroller General of Patents, requesting that the term “human embryos” in Article 6(2) of the Directive 98/44/EC, commonly referred to as the Biotech Directive, be clarified.
Just over a year later, on 17 July 2014, the Advocate General Pedro Cruz Villalón delivered his opinion in which he has concluded that unfertilised human ova whose division and further development have been stimulated artificially by parthenogenesis (the initiation of embryonic cell development without fertilisation) are not human embryos so long as they are not capable of developing into a human being and have not been genetically manipulated to acquire such a capacity.
The CJEU is likely to follow the AG's opinion which will be welcomed by companies developing cellular therapies as it should help to encourage much needed investment in the sector. The decision should also not be controversial to those with ethical concerns as it is only egg cells that are not capable of developing into a viable human being that are excluded from the definition of human embryo.
Just over a year later, on 17 July 2014, the Advocate General Pedro Cruz Villalón delivered his opinion in which he has concluded that unfertilised human ova whose division and further development have been stimulated artificially by parthenogenesis (the initiation of embryonic cell development without fertilisation) are not human embryos so long as they are not capable of developing into a human being and have not been genetically manipulated to acquire such a capacity.
The CJEU is likely to follow the AG's opinion which will be welcomed by companies developing cellular therapies as it should help to encourage much needed investment in the sector. The decision should also not be controversial to those with ethical concerns as it is only egg cells that are not capable of developing into a viable human being that are excluded from the definition of human embryo.