ECJ 2011/01 , Oliver Brüstle v. Greenpeace e.V., 18 October 2011 (Case C-34/10) General context This reference for a preliminary ruling concerns the interpretation of Article 6(2)(c) of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (OJ 1998 L 213). It has been made in proceedings brought by Greenpeace e.V. seeking annulment of the German patent held by Mr Brüstle, which relates to neural precursor cells and the processes for their production from embryonic stem cells and their use for therapeutic purposes. Facts Mr Brüstle is the holder of a German patent, filed on 19 December 1997, which concerns isolated and purified neural precursor cells, processes for their production from embryonic stem cells and the use of neural precursor cells for the treatment of neural defects. It is claimed in the patent specification filed by Mr Brüstle that the transplantation of brain cells into the nervous system is a promising method of treatment of numerous neurological diseases. The first clinical applications have already been developed, in particular for patients suffering from Parkinson’s disease. In order to remedy such neural defects, it is necessary to transplant
European Journal of Health Law – Brill
Published: Jan 1, 2012
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