The Norwegian Advisory Board on Ethical Aspects of Patenting (hereafter: the Board) was established by parliamentary decree and appointed in Royal Council (“Statsråd”) in 2004, basically as a reaction to the need to adapt to the European Patent Directive.
Parliament, and in particular the government at the time was of the opinion that the questions relating to the widely debated issue of “patents on life” required particular ethical attention, in addition to what the Patent Directive was stipulating.
The Norwegian Patent Law – as most European Patent laws – contains a clause that forbids patents on inventions that run counter to “common morality and public order” (§ 1b). Some examples are mentioned in the law, such as human cloning, change of human germ cells, use of human embryos for commercial purpose, change of the genetic code of animals that will lead to animal suffering without significant medical human benefits. The Board is to be advisory for the Norwegian Industrial Property Office (“Patentstyret”) in cases where there is doubt whether § 1b applies.
Hitherto (i.e. spring 2009) the council of the Board was only once required (2005). This was the case of a patent on a genetically modified salmon which growth was enhanced. After in depth discussions within the Board it was concluded to advise negatively because of presumed sufferings of the animal and negative environmental effects. The Norwegian Industrial Property Office did not follow this advice, even though it first modified some of the patent claims on the basis of animal welfare issues. However, when the company claimed that no such negative effects where observed, the patent was eventually granted.
In view of the paucity of cases sent to the Board, the Board wrote a report on the ethics of patenting (2008), where it suggested that the mandate of the Board be changed so that it could take a more pro-active role and include a closer collaboration with the Norwegian Industrial Property Office, as well as a role in public debate. In the light of this report, efforts are currently underway to improve the modus operandi of the Board.
Contact:
Director Matthias Kaiser
Phone: +47 23 31 83 04
E-mail: matthias.kaiser@etikkom.no
Chair Dag E. Helland
E-mail: Helland@mbi.uib.no