인간배아줄기세포의 연구 규제와 불특허사유

Abstract

This thesis investigates the patentability of human embryonic stem cells in Europe, the US and Korea. Patenting of human embryonic stem cells contrary to morality? Biotechnology patents have always been controversial to moral standards. The issue raised by the 1998 EU Directive is whether patents on human embryonic stem cells should be granted or not, and the question is still in discussion. The facts are that such patents have already been granted in the US. This paper review the moral problems, which arise in Europe in relation to stem cell patents and the implementation of the Directive according to EC law and according to the EPC system. Furthermore, this paper makes some comments on the EPO decision of November 27, 2008 and raised specific ethical questions related to fundamental ethical principles about the patenting of inventions involving human stem cells. Finally I will try to analyse the complexity of problems and finding the balance regarding the future development in the legislation of stem cells patentability.