German Federal Supreme Court refers questions regarding the interpretation of the EC “Biotech Directive” (Directive 98/44/EC) to the European Court of Justice – patenting embryonic stem cells, by Tilman Mueller-Stoy and Thomas Friede, Bardehle & Pagenberg
On November 12, 2009, the German Federal Supreme Court indicated that in the Brüstle ./. Greenpeace Case, Docket No. Xa ZR 58/07, questions on the interpretation of the exclusion clause that a patent shall not be granted on the use of human embryos for industrial or commercial purposes be referred to the European Court of Justice. Said provision was implemented into the German patent act on the basis of Article 6 of the Directive 98/44/EC on the legal protection of biotechnological inventions.
Read the complete post here.
Read the press release of the German Federal Supreme Court here.
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