Research involving human subjects and human biological material from a European patent law perspective. autonomy, commodification, patentability

Abstract

Human medical research is often a part of a long and costly process of developing and marketing new kinds of medicines and medical products; this process cannot usually take place without private investments. One of the ways to encourage the private sector to invest in this area and to allow for a return on investments, is to allow investors to patent the outcomes of such research. This chapter analyses some crucial rules of European patent law which pertain to the ethical aspect of human medical research, i.e. in terms of their construction, practical applicability and efficiency. As it turns out, the said provisions leave much to be desired, despite the noble intentions of their introduction.