The Court of Justice of the European Union released on Thursday, December 18, 2014, the judgment in the Case C-364/13.

A body unable to evolve into a human being is not a human embryo in the Directive regarding the legal protection of biotechnological inventions.

Therefore, the uses of such a body for industrial or commercial purposes can, in principle, be patentable.

The Directive regarding the legal protection of biotechnological inventions provides that the uses of human embryos for industrial or commercial purposes are not patentable.

In the Brüstle judgment from October 18, 2011, the Court held that the term ‘human embryo’ includes unfertilized human egg cells which by parthenogenesis, were stimulated to divide and grow as long as these egg cells are also, like the embryos created by the fertilization of an egg cell, likely to trigger the development of a human being.

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Europe released online last week the first TTIP documents, two-page sheets for each of the 23 chapters. For the intellectual property chapter, no negotiating texts have been posted yet.

Europe plans to address in TTIP the fact that the United States, unlike other countries, does not require radio stations to pay royalties to performers when their performances are played on air, only the composers receive royalties and when their songs are played in bars and restaurants, the US composers don’t receive anything. Online music streaming is already payable to both performers and composers.

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