Biotechnology and intellectual property

Doc. 8894

27 November 2000

Biotechnology and intellectual property

Recommendation 1425 (1999)

Reply from the Committee of Ministers

adopted at the 730^th meeting of the Ministers’ Deputies (22 November 2000)

1. The Committee of Ministers has carefully studied Recommendation 1425 (1999) of the Parliamentary Assembly on Biotechnology and Intellectual Property. It appreciates the interest the Assembly takes in questions concerning scientific research, the patentability of discoveries and their scientific, moral and economic implications.

2. The Committee recalls that in the light of Recommendation 1213 (1993) of the Assembly on the development of biotechnology and the consequences for agriculture, it instructed the Steering Committee on Bioethics to organise the Council of Europe’s International Conference on ethical issues arising from the application of biotechnology (Oviedo, 16-19 June 1999). Patentability was an issue that was specifically dealt with at this conference.

3. The Committee of Ministers considers that the intellectual property aspects of the issue cannot be dealt with separately from the ethical, scientific and economic aspects, as they are all closely intertwined. Although it is true – as the Assembly also points out – that many international organisations are competent in this field and are actively addressing the problems that arise, the Council of Europe is the only organisation which has a pan-European dimension and well-established competence in the fields of human rights and ethics.

4. The Committee of Ministers has been receptive to the arguments of the Steering Committee on Bioethics, which pointed out, in its Opinion, the extent to which the conclusions the Council of Europe may reach in this field “in an atmosphere where the Council of Europe Member States are all equal partners around the discussion table” can “serve to enrich the world debate on the application of biotechnology”.

5. It has accordingly been decided to set up a Working Party on Biotechnology, responsible for exploring issues related to the Council of Europe’s further involvement in the field of biotechnology and, with this aim in mind, “examining ethical, social and legal issues arising from the application of biotechnology, including its intellectual property aspects; identifying a list of areas of possible pan-European co-operation; proposing a framework (schedule, partners, involvement of NGOs, etc) for the future development of draft ethical and legal principles in the field of biotechnology; making proposals (and, where appropriate, alternative proposals) to the CDBI on the aforementioned issues.