14 September 1992

Doc. 6661

MOTION FOR A RECOMMENDATION

on the protection of parts of the human body

and "products" of human origin

presented by Mr PALACIOS and others

1.       The use of live organisms to develop new products, utilising genetic engineering techniques, is booming. In addition to economic and industrial arguments, there is, as demonstrated by the tremendous effort being made in relation to the human genome, considerable research demand.

2.       The implementation of these projects in a context of international competition requires that certain rules be observed in order to ensure a degree of fairness in this "contest". The protection of know-how through intellectual property rights helps to guarantee such fairness. However, it remains an open question whether and to what extent that protection ought to be extended to elements and products of human origin, without jeopardising the principle of the non-disposability of the human body and its parts.

3.       For that reason the Parliamentary Assembly, taking note of the drafting of a European Convention on Bioethics, urges the Committee of Ministers to give urgent consideration to the question of the protection, including patentability, of parts of the human body and products of human origin, in relation to human rights, the status of the human body and ethics in general.

Signed:       PALACIOS, ROSETA, KEÇECILER, POÇAS SANTOS, DIMMER, FOURRÉ, LENZER, PROBST, DEES, MÉSZAROS, NUÑEZ, FRIAS, VAZQUEZ, PERINAT.