Imagine that you lose a tooth. You visit the dentist, and he offers you a treatment that will regrow your tooth using stem cell technology, a field full of exciting possibilities and cures for everything from cancer to brain damage. The fact that some scientists destroy human embryos when harvesting these cells is obviously a controversial point. There is a wide range of opinions when it comes to something as valuable as human life, but the European Court of Justice should not have made a decision on stem cell patents. Stem cell research has the potential to cure a variety of diseases, some of which have plagued humanity for thousands of years, but the recent ECJ ruling has reduced incentives for new research while completely ignoring the problems surrounding such questions of morality, which is why the ruling should be overturned.
Since the first appearance of life on earth, organisms have been struggling to overcome disease. Humans are uniquely positioned to win this war, thanks to our large brains and our resulting ability to shape the world around us. Stem cell research is just the latest weapon in this long lasting arms race. This exciting field promises to bring us cures to many of the illnesses that have stayed beyond the rance of modern medicine. Hopeful scientists dream of regenerating almost any damaged human tissue, from skin cells to brain cells.Such treatments used to be confined to the realm of science ficiton writer’s imaginations, but recently real world research has opened up many new frontiers. To people living with medical conditions which remain beyond the reach of current procedures, the theoretical benefits are life changing. The advancements we stand to gain from mastering stem cells could be as significant as the discovery of penicillin.
However, the research require to develop such treatments is high in both expense and risk. As a result, any investor willing to fund such research must have some promise of financial gain. As with major pharmaceuticals, the sheer number of steps between promising preliminary research and a successful, marketable product can put quite a lot of stress on everyone involved. There are numerous processes to go through, from preliminary testing to the notoriously difficult testing required by the FDA. Many drugs start out promising huge returns on investment, but the harsh truth is that many of these drugs fail in the final stages of FDA testing, leaving investors with a useless product. With such high levels of risk, it is not only the promise of treasure that fuels such innovation, but the possibility of establishing a legacy. Any limitations on intellectual property protections have the potential to lead to an immense drop off in new development. Any place tat hopes to be seen as a forerunner in the race to advance human knowledge needs to do everything to stimulate creativity and risk-taking among innovators.
Essentially, the European Court’s decision to prevent the patenting of new stem cell research is an incredible step back for Europe’s well developed intellectual culture. European researchers have traditionally garnered respect for their work all over the world. Many of the developments that modern scientists rely on originated in Europe. But even in the past, scientists faced opposition from various “moral” opponents. One example that immediately comes to mind is the persecution of Galileo in medieval Italy. Similarly, the ECJ ruling gives many of the scientists a good reason to consider moving away from the archaicly moralistic society they currently live in. This is incredibly ineffective in view of the amount of money that has been sunk into building state of the art laboratories in Europe. To the governments and individuals who used their own money to buy top quality machinery for stem cell research, this ruling is more than a slap in the face. Even from a strictly objective perspective, this ruling forces an inefficient distribution of market resources. It also puts an unnecessary road block on the road to an advanced understanding of disease and human suffering.
Interestingly, the Court’s decision is based significantly on answers to completely subjective, opinion based questions. It is certainly true that some stem cell harvesting results in the destruction of human embryos. Despite this hard truth, not all stem cells are taken from viable embryos., in fact they are often taken from embryos that would otherwise be discarded. Similarly, stem cells can be harvested from healthy adults without any harm. On the other hand, opponents of stem cell research focus on harvesting that results in what they view as the “murder” of innocent human children. Such arguments result from differences in the way we define the concept of a “living” human. Scientists often argue that early stage fertilized eggs do not qualify as conscious human beings. However, religious and cultural texts often define fertilization as the beginning of life. The simple fact is that these two opinions are fundamentally irreconcilable. Neither one can ever be proven to be true beyond a doubt. It simply doesn’t make sense that a high court would ever be forced to make a decision on something that so many people can’t agree on. It almost seems like a court case about a religious matter, which any citizen of a functional modern democracy can tell you is ridiculous.
For this reason, it seems most natural that there be no change from the status quo. It appears the only solution to this problem would be for a higher authority to step in and overturn the ECJ’s ruling. There are several channels through which this might be possible. For one, it could be found that the court’s ruling is incompatible with the European Convention on Human Rights. When the European Union agreed to the Lisbon Treaty, they agreed to allow the European Human Rights court to overrule their decisions if they are found to be in conflict with the treaty. Sadly, the courts do not appear to be headed for a legal confrontation.
In light of the complexities surrounding this sensitive issue, it is not unreasonable to say that it is in everyone’s best interest to allow patenting of stem cell technology in Europe. From the scientists in Europe who need to be reconnected with their livelihood, to the scientists around the world who hope to be stimulated by their European colleagues. It simply doesn’t make sense for a modern democratic nation to put such limitations on scientific research.



