Netherlands v. European Parliament and Council of the European Union
European Union. Court of Justice.
European Court Reports 2001; 1(10A): 6699-7554
Court Decision;  ECR I-7079; 2001 October 9 (date of decision). The Court of the European Union held that a directive of the European Parliament allowing for the patentability of biological products identical in physical composition to human components does not infringe upon the fundamental right of human dignity. The Kingdom of the Netherlands and Italy sought annulment of a directive of the European Parliament that allowed certain biological products to be patentable on the grounds that such a patent implicated a proprietary interest in human life. The directive allowed such patents only where the biological product was isolated and purified from its natural state within the human body. Furthermore, the directive explicitly prohibited patents whose commercial potential was contrary to morality. Therefore, the directive contained adequate safeguards to protect human dignity and did not infringe upon a fundamental right. [KIE/ECL]
Date of Decision: 9 October 2001
Showing items related by title, author, creator and subject.