Legal This and That
Legal This and That
The San Jose Mercury News has an editorial today (registration may be required) about current issues regarding California Prop 71. The editorial says that the legal delay has had the benefit of giving the CIRM the opportunity to work out some structural issues, and says that the agency should work out a compromise with legislators (notably State Senator Deborah Ortiz) about oversight. It advocates for disclosing “financial conflicts at all levels of grant review” to maintain the agency’s integrity, especially in light of the South Korean scandal.
Also in the news, Wisconsin Technology Today has an article about the Wisconsin Alumni Research Foundation patent on stem cells and its chances under European patent rules. The application is for a preparation of human and primate embryonic stem cells, which was rejected by the European patent agency in 2004, according to the article. It has been appealed, but a ruling is not expected any time soon due to the number of issues that are raised: European rules do not allow patents for parts of the “human body,” which a differentiated embryonic stem cells could potentially be interpreted as. If this is overcome, a more significant issue might be that the European rules do not allow patents for products which make use of human embryos. Other issues involve the patent law wording in other languages, which bring in some ambiguities inherent to multilingualism (that’s a really interesting issue!), and of course difference between narrow and broad interpretations of the rules. WARF might have a different success in trying to patent the stem cells in countries that are favorable to stem cell research.
