Summary: The complainant has requested the UK Government-s submissions to the Court of Justice of the European Union (-CJEU-) in Case C-34/10 Brüstle v Greenpeace eV (the -Brüstle case-). This case dealt with the patenting of procedures relating to human embryonic stem cell research. The Intellectual Property Office (-IPO-) refused to provide this citing the FOIA exemptions for court records, for likely prejudice to international relations and for the formulation and development of government policy as its basis for doing so. It subsequently disclosed the information to the complainant after the CJEU issued its judgment in the Brüstle case. The Commissioner-s decision is that in failing to provide the requested information within 20 working days, the IPO contravened the requirements of section 10(1) of the FOIA.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld