In this article, I intend to focus on embryonic stem cell research insofar as these procedures are used in the creation of embryonic stem cells, and how these areas of research relate to ideas concerning respect for human life and dignity, and its tre...
In this article, I intend to focus on embryonic stem cell research insofar as these procedures are used in the creation of embryonic stem cells, and how these areas of research relate to ideas concerning respect for human life and dignity, and its treatment in Korean jurisprudence. Then, this Article seeks to advance the discussion of the proper role of ethics and morality in the patent system by examining existing models of incorporating ethics into the context of patentability. In particular, a detailed examination of the European system, is undertaken to determine whether morality can be adequately considered within patent law. This Article discusses the existing framework for considering morality within the EPC, including interpretation of article 53(a) by the European Patent Office (EPO) and its related courts, and considers the place of morality within future frameworks of patentability. In particular, the Biotechnology Directive is considered and applied to the Newman application to illustrate interpretative difficulties with the Directive. Moreover, this article addresses the implications of the existing frameworks, including the difficulties in their creation and application, for Korea.
From this ethical perspective, I will review what the legal issues are involved in research using human embryostem cells under Korean patent law system.