Zdolność patentowa sposobów wykorzystywania embrionalnych komórek macierzystych
The Patentability of Methods of Using Embryonic Stem Cells

Summary/Abstract: The article looks at the issue of commercial and non-commercial aspects of intellectual propertyin the context of the patentability of inventions. The deliberations regarding the patentability ofbiotechnological inventions remain extremely important for both theory and practice, especiallyconsidering the dynamic development of the medical services and the pharmaceutical industries,among others the biological and bio-based medicine market. These issues raise a number 102Anna Wilińska-Zelek MW 11/2018 of ethical concerns, and the up-to-date character of thoseissues can be seen in the debate on methods of producing and using embryonic stem cells.The Court of Justice of the European Union in its judgment of 18 July, 2013 in Case C-414/11Daiichi Sankyo Co. Ltd. confirmed that, in accordance with the current wording of the Treaties,“commercial aspects of intellectual property” fall within the field of the common policy of theEuropean Union. The common commercial policy falls within the exclusive competence of theEuropean Union. This means that it has the power to conclude international agreements independently,including the regulation of aspects relating to patentability.The author criticises the conclusion adopted by the Tribunal. The line of demarcation between“commercial” and “non-commercial” aspects of intellectual property is very unclear. Due tothe lack of a uniform ethical assessment, decisions regarding biotechnological inventions (inparticular embryonic stem cells) should be taken, in the author’s opinion, at the national level.

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