Wednesday, 4 June 2008

The new Brazil ruling on embryo stem cell research

The IP Watch weblog reported yesterday that the Brazilian Supreme Court has finally given the go-ahead to research involving embryonic stem cells. The ruling follows a challenge to Article 5 of the 2005 Biosafety Law by the then Attorney General, who maintained that it was unconstitutional because it violated the right to life of the embryo. This article discusses the impact of this ruling on patent filing practice, noting:
"In Brazil, the stem cell cannot be patented, as Articles 10 and 18 from the Industrial Property Law (Law 9.279/06) state that the country does not recognise patents on life. But the country accepts patents on processes for obtaining stem cells and other things such as proliferation, differentiation, and patient treatment, with INPI requiring novelty, inventive step, industrial application and other tests".
[Source: "Brazil Approval Of Embryonic Stem Cell Research Could Boost Patenting", posted by Catherine Saez].

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