Overview

This book suggests a new legal framework to improve coherence in the definition of human dignity in European biotechnological (biotech) patent law, by way of a novel court structure. Examining judicial interpretations of human dignity in biotech patent law across European jurisdictions, the book looks at the European Court of Human Rights (ECtHR), the European Patent Office (EPO), the Court of Justice of the European Union (CJEU) and national courts. It explores how biotech patent law has shaped the concept of human dignity, influencing judicial reasoning beyond its original trade law context, most notably, the ECtHR’s reliance on the CJEU’s Brüstle judgment in the Parrillo case concerning the fate of human embryos. It raises critical questions about the emergence of divergent definitions of human dignity in these parallel legal systems, where the ECtHR and CJEU operate independently. Using a multidisciplinary approach, the book argues for a more coherent decision-making process, proposing the establishment of a final court of appeal to harmonise the legal understanding of human dignity in European biotech patent law, drawing on models from international and regional judicial bodies. The book will be of interest to researchers in the field of intellectual property law, patent law and human rights, as well as those working within biotechnology.

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9781041097716

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Marianne Walsh Fryer holds a PhD in intellectual property law from the University of Galway, where she taught information technology law, AI ethics, LawTech innovation and criminal law. In this book, she examines the intersection of human dignity, bioethics and biotechnology patent law across European legal frameworks. Drawing on expertise in patent law, philosophy, constitutional law and human rights jurisprudence, she addresses critical questions about how fragmented European patent systems balance innovation with fundamental ethical principles. She proposes patent law institutional reform to achieve greater legal coherence in adjudicating human dignity concerns surrounding morally controversial biotechnological inventions, particularly those involving human embryos and genetic engineering technologies like CRISPR-Cas9.

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