Biotechnological Inventions: Draft Directive (Hansard, 12 January 1998)

§ Lord Simon of Highbury

The proposed directive on the legal protection of biotechnological inventions is substantially consistent with current United Kingdom legislation (the Patents Act 1977) apart from certain exclusions from patentability for ethical reasons. It is an Internal Market measure which seeks to eliminate uncertainties regarding patent rights in the biotechnological field, reducing the level of legal uncertainty, which may act as a deterrent to investment by the industry in Europe. Information concerning the European Commission's revised directive was circulated in July for comment to over 150 organisations and interest groups representing consumers, the research community, groups concerned with the social and environmental impact of biotechnology, members of the patent law profession, the industry and the Standing Advisory Committee on Industrial Property, an independent body set up to advise Ministers on aspects of industrial property. Consequently, the Government have not considered it necessary to set up an independent inquiry into the implications of the proposed directive.

However, the debate which has surrounded the European Commission's proposal for a directive on the legal protection of biotechnological inventions has highlighted a number of ethical issues which surrounded this technology. Therefore, my honourable friend the Minister for Science, Energy and Industry announced on 24 November that my department would be sponsoring a consultation initiative to seek public views on biological research.

The ultimate goal is to engage members of the public in debate to enable us to assess the issues that are of concern to a lay audience. However, it is an important precursor to involve interested parties active in the debate to add to the credibility that an inclusive approach will offer.

My honourable friend the Minister for Science, Energy and Industry will be hosting an event in the New Year to discuss with groups active in the biosciences and science communication how we can best develop the public activity which is planned for next summer.