Australian experts said the European Union Court of Justice's ruling against embryonic stem- cell patents may discourage sharing of research information in this field and affect treatment for patients on an international scale, according to a news release on Wednesday.

The European Court of Justice released a decision on Tuesday night that research which involves removal of a stem-cell from a human embryo at the blastocyst stage, entailing the destruction of that embryo, cannot be patented.

Australian stem-cell and legal experts said, in a statement released at Science Media Center on Wednesday, that the ruling removes a key commercial incentive for biotechnology and pharmaceutical companies to support stem-cell research in Europe.

Program Head of Stem Cells Australia and Chair of Stem Cell Sciences at Australia's University of Melbourne, Professor Martin Pera, said the progress in stem-cell field depends on international collaboration, particularly in clinical trials, and that the decision will affect international treatment for patients.

"European stem cell scientists are leaders in the field, and everyone will suffer if there are barriers to such collaboration," he said in the statement.

Dr Debra Yin Foo, the Partner in charge of the Biotechnology Department at Australia's Phillips Ormonde Fitzpatrick Intellectual Property Attorneys, said the Patent System rewards innovation and encourages dissemination of information by disclosure of the invention in a patent, and it gives some certainty to a company associated with the granting of a patent.

"This is a disappointing decision and goes against a purpose of the patent system," he said.

"With limited and reduced protection of the research and discoveries surrounding an invention, companies, not only in Europe, will be discouraged from publishing their findings and inventions and hence will keep that information secret."

He said that suitable replacements for embryonic stem-cells are not certain and research in this area should be encouraged and shared.

Professor Pera said that clinical trials of cell therapeutics derived from embryonic stem cells are already underway in the United States for spinal cord injury and macular degeneration, and these trials depend on private sector investment and technological capability.

"The ruling will make it very difficult to pursue similar work in Europe," he said.

(Source: Xinhua)