Interim reply to Recommendation 1240 (1994) on the protection and patentability of material of human origin

22 December 1994

Doc. 7214

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Interim reply to Recommendation 1240 (1994) on the protection and patentability of material of human origin

(adopted by the Committee of Ministers at the 521st meeting of the Ministers' Deputies, 22-24 November 1994)

1. The Committee of Ministers wishes to inform the Parliamentary Assembly that it fully shares the concern expressed in its Recommendation 1240 (1994) on the protection and patentability of material of human origin, seeing that the issues it raises go to the very essence of the notion of the dignity of the human person and respect for the latter.

2. Like the Assembly, the Committee of Ministers wishes a Convention on Bioethics to be adopted speedily and decided to this end no later than June 1994 to consult the Assembly on the text which emerged from the meeting being held by the Steering Committee on Bioethics (CDBI) from 27 June to 1 July 1994. The CDBI, for its part, has transmitted the text to the Steering Committee for Human Rights (CDDH), the European Health Committee (CDSP) and the European Committee on Legal Co-operation (CDCJ) for an opinion.

3. Notwithstanding the interest it attaches to the Assembly's proposal in paragraph 13.ii of its Recommendation for the drafting of a Protocol to the draft Convention on Bioethics, setting limits to the application of genetic manipulation to human beings, and the proposal in paragraph 13.iii to assign this task to the CDBI, the Committee of Ministers has nonetheless agreed, after consulting the CDBI on the Recommendation and after receiving from the CDBI draft ad hoc terms of reference to be assigned to it to draft such a Protocol, to resume consideration of the advisability of assigning the CDBI such terms of reference only when the latter will have finalised the draft Convention on Bioethics. The Committee of Ministers will not fail to then keep the Assembly duly informed of its consideration of this issue.

4. As regards the wish expressed by the Assembly in paragraph 14 of Recommendation 1240 (1994), the Committee of Ministers is in a position to inform the Assembly that the CDBI has asked the Secretariat to make contact with the European Patents Office with a view to exploring the possibility of regular reports on decisions taken by the Office on applications for patents relating to living material. The Committee of Ministers will keep the Assembly informed of developments in this issue.