Europe Country Report

In contrast to U.S. and Australia, there is no “official” government-solicited report on gene patents and related practices. However, two influential papers, which are frequently cited in literature, were published in consideration of these matters.

First, in response to increasing public concerns about the effects of gene patenting, the European Society of Human Genetics (the “ESHG”) researched and published a report on ethical, moral, frequency, and breadth of patent claims over genetic material and associated licensing practices in Europe. This report, titled the Patenting and Licensing in Genetic Testing: Ethical, Legal, and Social Issues (the “ELSI Report”), was published in the European Journal of Human Genetics in 2008 for the purposes of “establish[ing] a dialogue between all stakeholders,” review[ing] the facts and indentify[ing] ways to improve the current patent system applied to the genetic testing field.”

As a follow up to the ELSI Report, the ESHG subsequently published a second report, titled Patenting and Licensing in Genetic Testing: Recommendations of the European Society of Human Genetics (the “RESHG Report”), which provided specific recommendations for the European Patent Office in 2008.

Guide to European Reports

Report Title	Abbreviation	Date of Publication	Subject Matter Covered	External Link to Report
Patenting, Licensing in Genetic Testing: Ethical, Legal, and Social Issues	ELSI Report	2008	Covers the ethical, moral, frequency and breadth of patent claims over genetic material and associated licensing practices in Europe and identifies areas of concern and needs for improvement.	Available Here
Patenting and Licensing in Genetic Testing: Recommendations of the European Society of Human Genetics	RESHG Report	2008	This supplemental report provides specific recommendations to address concern identified in the ELSI Report.	Available Here

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