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1
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0037871529
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Biomedicalization: Technoscientific transformations of health
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illness, and US biomedicine'
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A.E. Clarke et al., 'Biomedicalization: Technoscientific transformations of health, illness, and US biomedicine' (2003) 68 Am. Sociological Rev. 161-94.
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(2003)
Am. Sociological Rev.
, vol.68
, pp. 161-94
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Clarke, A.E.1
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2
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84865565848
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Fundamental disjunctions in the EU legal order on human tissue, cells and advanced regenerative therapies
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M. Favale and A. Plomer, 'Fundamental disjunctions in the EU legal order on human tissue, cells and advanced regenerative therapies' (2009) 16 Maastricht J. of European and Comparative Law 89-111.
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(2009)
Maastricht J. of European and Comparative Law
, vol.16
, pp. 89-111
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Favale, M.1
Plomer, A.2
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4
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84873073871
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We use the term 'regenerative medicine' to refer broadly to the field under discussion even though it is not equivalent to 'advanced therapy medicinal products'. We do so because it has become a widely used term, especially amongst participating scientists and industry, and is also known to the public, rather than because it has a legal definition. As used here, it may refer to a range of therapeutic applications such as prevention and repair as well as strictly 'regeneration'.
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We use the term 'regenerative medicine' to refer broadly to the field under discussion even though it is not equivalent to 'advanced therapy medicinal products'. We do so because it has become a widely used term, especially amongst participating scientists and industry, and is also known to the public, rather than because it has a legal definition. As used here, it may refer to a range of therapeutic applications such as prevention and repair as well as strictly 'regeneration'.
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5
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84873063950
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In this paper, we consider that the English 'non-commodification' corresponds to the French principle of 'non-patrimonialité' of the human body and its elements, which means that the human body and its elements cannot be the object of a financial agreement.
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In this paper, we consider that the English 'non-commodification' corresponds to the French principle of 'non-patrimonialité' of the human body and its elements, which means that the human body and its elements cannot be the object of a financial agreement.
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6
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84857256664
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Gene therapy medicinal products means: a biological medicinal product which has the following characteristics: it contains an active substance which contains or consists of a recombinant nucleic acid used in or administered to human beings with a view of regulating, repairing, replacing adding or deleting a genetic sequence; its therapeutic, prophylactic or diagnostic effect relates directly to the recombinant nucleic acid sequence it contains, or the product of genetic expression of this sequence. Gene therapy medicinal products shall not include vaccines against infectious diseases. Annex, Part IV, 2.1 of /120/EC. Directive
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Gene therapy medicinal products means: a biological medicinal product which has the following characteristics: it contains an active substance which contains or consists of a recombinant nucleic acid used in or administered to human beings with a view of regulating, repairing, replacing adding or deleting a genetic sequence; its therapeutic, prophylactic or diagnostic effect relates directly to the recombinant nucleic acid sequence it contains, or the product of genetic expression of this sequence. Gene therapy medicinal products shall not include vaccines against infectious diseases. Annex, Part IV, 2.1 of /120/EC. Directive 2009
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(2009)
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7
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84857256665
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A somatic cell therapy medicinal product means a biological medicinal product which: contains or consists of cells or tissues that have been subject to substantial manipulation so that biological characteristics, physiological functions or structural properties relevant for the intended clinical use have been altered, or of cells or tissues that are not intended to be used for the same essential function(s) in the recipient and the donor; [and] is presented as having properties for, or is used in or administered to human beings with a view to treating, preventing or diagnosing a disease through the pharmacological, immunological or metabolic action of its cells or tissues. Annex, Part IV, 2.2 of /120/EC.Directive
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A somatic cell therapy medicinal product means a biological medicinal product which: contains or consists of cells or tissues that have been subject to substantial manipulation so that biological characteristics, physiological functions or structural properties relevant for the intended clinical use have been altered, or of cells or tissues that are not intended to be used for the same essential function(s) in the recipient and the donor; [and] is presented as having properties for, or is used in or administered to human beings with a view to treating, preventing or diagnosing a disease through the pharmacological, immunological or metabolic action of its cells or tissues. Annex, Part IV, 2.2 of /120/EC.Directive 2009
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(2009)
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8
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84857256663
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Directive 2003/63/EC of 25 June 2003, amending Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, OJ L159/46, 27.06
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Directive 2003/63/EC of 25 June 2003, amending Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, OJ L159/46, 27.062003.
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(2003)
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9
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84857241673
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A tissue engineered product contains or consists of engineered cells or tissues (of human or animal origin or both, viable or non-viable), and is presented as having properties for human beings to regenerate, repair or replace a human tissue: Regulation (EC) No. 1394/ on ATMP, Article 2.1(b).
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A tissue engineered product contains or consists of engineered cells or tissues (of human or animal origin or both, viable or non-viable), and is presented as having properties for human beings to regenerate, repair or replace a human tissue: Regulation (EC) No. 1394/ on ATMP, Article 2.1(b).2007
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(2007)
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11
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84857241674
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Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells, OJ L102/48, 07.04
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Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells, OJ L102/48, 07.042004.
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(2004)
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12
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84857335722
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Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, OJ L38/40, 09.02.2006, and Directive 2006/86/EC of 24 October 2006, implementing Directive 2004/23/EC as regards traceability requirements, notification of serious adverse reactions and events, and certain technical requirements for the coding, processing, preservation, storage, and distribution of human tissues and cells, OJ L294/32, 25.10.
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Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, OJ L38/40, 09.02.2006, and Directive 2006/86/EC of 24 October 2006, implementing Directive 2004/23/EC as regards traceability requirements, notification of serious adverse reactions and events, and certain technical requirements for the coding, processing, preservation, storage, and distribution of human tissues and cells, OJ L294/32, 25.10.2006
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(2006)
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13
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84873067466
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The French Biomedecine Agency was set up by the 2004 Bioethics Law. It is the reference authority for medical, scientific, and ethical aspects, notably those related to procurement and transplant of organs, tissues, and cells:
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The French Biomedecine Agency was set up by the 2004 Bioethics Law. It is the reference authority for medical, scientific, and ethical aspects, notably those related to procurement and transplant of organs, tissues, and cells:
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14
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84857241677
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Human Tissue (Quality and Safety for Human Application) Regulations 2007: these Regulations complete the Human Tissue Act which covers England, Wales, and Northern Ireland (Scotland has separate provision)
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Human Tissue (Quality and Safety for Human Application) Regulations 2007: these Regulations complete the Human Tissue Act which covers England, Wales, and Northern Ireland (Scotland has separate provision).2004
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(2004)
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15
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84857241676
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In France, many legal texts implement those directives: notably, Law n2011-814 of 7 July on bioethics, French OJ n157, 08.07.2011, 11826, text n1.
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In France, many legal texts implement those directives: notably, Law n2011-814 of 7 July on bioethics, French OJ n157, 08.07.2011, 11826, text n1.2011
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(2011)
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16
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84857335721
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HTA, Guide to Quality and Safety Assurance of Human Tissues and Cells for Patients Treatments (2010); HTA Directions 003/2010 relating to licences granted under the Human Tissue (Quality and Safety for Human Application) Regulations
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HTA, Guide to Quality and Safety Assurance of Human Tissues and Cells for Patients Treatments (2010); HTA Directions 003/2010 relating to licences granted under the Human Tissue (Quality and Safety for Human Application) Regulations 2007.
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(2007)
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17
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84857241675
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Department of Health, Review of the Human Fertilisation and Embryology Act: Proposals for revised ; Cm. 6989). legislation (including establishment of the Regulatory Authority for Tissue and Embryos)
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Department of Health, Review of the Human Fertilisation and Embryology Act: Proposals for revised ; Cm. 6989). legislation (including establishment of the Regulatory Authority for Tissue and Embryos) (2006
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(2006)
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18
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84857241678
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724 H.L. Debs col. GC 343 (1 February
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Earl Howe, 724 H.L. Debs col. GC 343 (1 February 2011
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(2011)
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Howe, E.1
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19
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84857300741
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Directive /20/EC, Article 2(d), defines an 'investigational medicinal product' as: a pharmaceutical form of an active substance or placebo being tested or used as a reference in a clinical trial, including products already with a marketing authorization but used or assembled (formulated or packaged) in a way different from the authorized form, or when used for an unauthorized indication, or when used to gain further information about the authorized form.
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Directive /20/EC, Article 2(d), defines an 'investigational medicinal product' as: a pharmaceutical form of an active substance or placebo being tested or used as a reference in a clinical trial, including products already with a marketing authorization but used or assembled (formulated or packaged) in a way different from the authorized form, or when used for an unauthorized indication, or when used to gain further information about the authorized form.2001
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(2001)
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20
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84857306833
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European Commission, Detailed guidelines on good clinical practice specific to advanced therapy 35810. medicinal products, 3 December 2009, ENTR/F/2/SF/dn D
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European Commission, Detailed guidelines on good clinical practice specific to advanced therapy 35810. medicinal products, 3 December 2009, ENTR/F/2/SF/dn D(2009)
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(2009)
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21
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84873067237
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Article L5121-8 of the French Public Health Code. They are prepared in advance and according to an industrial process. Thus, they are submitted to EU legislation on ATMP and to a centralized marketing authorization.
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Article L5121-8 of the French Public Health Code. They are prepared in advance and according to an industrial process. Thus, they are submitted to EU legislation on ATMP and to a centralized marketing authorization.
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22
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84873073559
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Article L5121-1-12° of the French Public Health Code. They are prepared in advance and to one or several patients on medical prescription. As there is no industrial process, they are not submitted to the EU legislation on ATMP. The marketing authorization is delivered by AFSSAPS for a specific therapeutic use.
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Article L5121-1-12° of the French Public Health Code. They are prepared in advance and to one or several patients on medical prescription. As there is no industrial process, they are not submitted to the EU legislation on ATMP. The marketing authorization is delivered by AFSSAPS for a specific therapeutic use.
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23
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84873062235
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Article L1243-1 of the French Public Health Code
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Article L1243-1 of the French Public Health Code.
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24
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84873073848
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Article L5121-1-13° of the French Public Health Code.
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Article L5121-1-13° of the French Public Health Code.
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25
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84873063023
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The HCB replaces the Commission de Génie Génétique (Genetic Engineering Committee) and the Commission d'étude de la dissémination des produits issus de génie biomoléculaire (Committee for studying the dissemination of products derived from biomolecular engineering).
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The HCB replaces the Commission de Génie Génétique (Genetic Engineering Committee) and the Commission d'étude de la dissémination des produits issus de génie biomoléculaire (Committee for studying the dissemination of products derived from biomolecular engineering).
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26
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84873067852
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See, notably, Articles R1125-1, R1125-3, R1125-8, R1125-10, and R1125-11 of the French Public Health Code
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See, notably, Articles R1125-1, R1125-3, R1125-8, R1125-10, and R1125-11 of the French Public Health Code.
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27
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84873074446
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Article L1243-1 of the French Public Health Code.
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Article L1243-1 of the French Public Health Code.
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28
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84873066738
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Article R1243-1 of the French Public Health Code, and Decree -968 (Décret n° 2008-968 du 16 septembre 2008 (autorisations d'activités et de produits)).
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Article R1243-1 of the French Public Health Code, and Decree -968 (Décret n° 2008-968 du 16 septembre 2008 (autorisations d'activités et de produits)).2008
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(2008)
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29
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84857306834
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Amendment of regulation 15 of the Clinical Trials Regulations, 3(c)(4B) of the Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 S.I.
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Amendment of regulation 15 of the Clinical Trials Regulations, 3(c)(4B) of the Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 S.I. 2008/941.
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(2008)
, pp. 941
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30
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84873073436
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Department of Health, GTAC, Agreed Decision tree
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Department of Health, GTAC, Agreed Decision tree
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31
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84873072166
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Article L531-3 of the French Environment Code
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Article L531-3 of the French Environment Code.
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32
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84857335725
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The Latin 'lex specialis' notion comes from the legal maxim 'lex specialis derogat legi generali'. A 'lex specialis' is a 'law' which governs a specific subject matter. The legal maxim means that a law governing a specific subject matter overrides a law that only governs general matters. For our subject, Regulation (EC) No. 1394/ overrides the general EU pharmaceutical legislation.
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The Latin 'lex specialis' notion comes from the legal maxim 'lex specialis derogat legi generali'. A 'lex specialis' is a 'law' which governs a specific subject matter. The legal maxim means that a law governing a specific subject matter overrides a law that only governs general matters. For our subject, Regulation (EC) No. 1394/ overrides the general EU pharmaceutical legislation.2007
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(2007)
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33
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84873070238
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The Marketing Authorization is granted by the European Commission after consulting the new CAT and the Committee for Medicinal Products for Human Use within the EMA.
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35
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84873071837
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Law 2011-302 of 22 March , J. Officiel De La République Française (23 mars 2011) texte n° 6
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Law 2011-302 of 22 March , J. Officiel De La République Française (23 mars 2011) texte n° 6.2011
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(2011)
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36
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84873075378
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Article L1243-5 of the French Public Health Code
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Article L1243-5 of the French Public Health Code.
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-
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37
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84873063626
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See, notably, articles L4211-9, L5124-1, L5121-5 of the French Public Health Code
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See, notably, articles L4211-9, L5124-1, L5121-5 of the French Public Health Code.
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38
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84873063047
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MHRA, Annex B, Guidance on 'non-routine
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MHRA, Annex B, Guidance on 'non-routine'.
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39
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84873070876
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MHRA, ATMPs Guidance
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MHRA, ATMPs Guidance.
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40
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84857241680
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Section
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Section 7(2) of the Medicines Act 1968.
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(1968)
, vol.7
, Issue.2
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41
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63149158188
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Regulatory policy as innovation: constructing rules of engagement of a technological zone for tissue engineering in the European Union
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A. Faulkner, 'Regulatory policy as innovation: constructing rules of engagement of a technological zone for tissue engineering in the European Union' (2009) 38 Research Policy 637-46.
-
(2009)
Research Policy
, vol.38
, pp. 637-46
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Faulkner, A.1
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43
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70350362382
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The EU's biopolitical governance of advanced therapy medicinal products
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M.L. Flear, 'The EU's biopolitical governance of advanced therapy medicinal products' (2009) 16 Maastricht J. of European and Comparative Law 113-37.
-
(2009)
Maastricht J. of European and Comparative Law
, vol.16
, pp. 113-37
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Flear, M.L.1
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45
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34548538558
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The Issues Deserve More Credit: Pragmatist contributions to the study of public involvement in controversy
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N. Marrres, 'The Issues Deserve More Credit: Pragmatist contributions to the study of public involvement in controversy' (2007) 37 Social Studies of Sci. 759-80.
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(2007)
Social Studies of Sci.
, vol.37
, pp. 759-80
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Marrres, N.1
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47
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0003826217
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The Mangle of Practice: Time, Agency and Science
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A. Pickering, The Mangle of Practice: Time, Agency and Science (1995).
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(1995)
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Pickering, A.1
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48
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84877693607
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Boundary-work and the demarcation of science from non-science: strains and interests in professional ideologies of scientists
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T.F. Gieryn, 'Boundary-work and the demarcation of science from non-science: strains and interests in professional ideologies of scientists' (1983) 48 Am. Sociological Rev. 781-95.
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(1983)
Am. Sociological Rev
, vol.48
, pp. 781-95
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Gieryn, T.F.1
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49
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85126511956
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The Contradictions of Techno-Nationalism and Techno-Globalism: A Historical Perspective
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D. Edgerton, 'The Contradictions of Techno-Nationalism and Techno-Globalism: A Historical Perspective' (2007) 1 New Global Studies
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(2007)
New Global Studies
, vol.1
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Edgerton, D.1
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51
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84866455486
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The European Medicines Agency: a public health European Agency?
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A. Mahalatchimy et al., 'The European Medicines Agency: a public health European Agency?' (2012) J. of Medicine and Law
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(2012)
J. of Medicine and Law
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Mahalatchimy, A.1
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52
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78651107572
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Theories et concepts de l'intégration européenne
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S. Saurugger, Theories et concepts de l'intégration européenne (2009).
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(2009)
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Saurugger, S.1
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53
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80053476354
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Access to advanced therapy medicinal products in the European Union: where do we stand?
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A. Mahalatchimy, 'Access to advanced therapy medicinal products in the European Union: where do we stand?' (2011) 18 European J. of Health Law 305-17.
-
(2011)
European J. of Health Law
, vol.18
, pp. 305-17
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Mahalatchimy, A.1
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54
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33747158430
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Regulating Hybrids
-
in Tissue Engineering and Transpecies Transplantation' Social Theory & Health
-
N. Brown et al., 'Regulating Hybrids: "Making a Mess" and "Cleaning Up" in Tissue Engineering and Transpecies Transplantation' Social Theory & Health 1-24.2006 4
-
(2006)
Making a Mess" and "Cleaning Up
, pp. 1-24
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Brown, N.1
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55
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61049446223
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Shifting Tenses - From Regimes of Truth to Regimes of Hope?
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N. Brown, 'Shifting Tenses - From Regimes of Truth to Regimes of Hope?' (2007) 13 Configurations 331-55.
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(2007)
, pp. 331-55
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Brown, N.1
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56
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84857306837
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How Law Makes Technoscience: The Shaping of Expectations, Actors and Accountabilities in Regenerative Medicine in Europe
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A. Faulkner, How Law Makes Technoscience: The Shaping of Expectations, Actors and Accountabilities in Regenerative Medicine in Europe. (2010) CSSP Electronic Working Paper
-
(2010)
CSSP Electronic Working Paper
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Faulkner, A.1
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57
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84873061383
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Nanotechnology and the Products of Inherited Regulation
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in this
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Compare E. Stokes, 'Nanotechnology and the Products of Inherited Regulation' in this 93-112.
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Stokes, E.1
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