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Volumn 39, Issue 1, 2012, Pages 131-149

The Legal Landscape for Advanced Therapies: Material and Institutional Implementation of European Union Rules in France and the United Kingdom

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; ECONOMICS; EDUCATION; ETHNOLOGY; EUROPEAN UNION; FRANCE; GOVERNMENT REGULATION; HISTORY; JURISPRUDENCE; LEGAL ASPECT; PRESCRIPTION; REGENERATIVE MEDICINE; UNITED KINGDOM;

EID: 84857303007     PISSN: 0263323X     EISSN: 14676478     Source Type: Journal    
DOI: 10.1111/j.1467-6478.2012.00574.x     Document Type: Article
Times cited : (24)

References (57)
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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'.
    • 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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    • 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.
    • 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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    • 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
    • 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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    • 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
    • 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
    • (2009)
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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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    • 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).
    • 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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    • 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
    • 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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    • 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.
    • 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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    • 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:
    • 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:
  • 14
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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)
    • 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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    • 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.
    • 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
    • (2011)
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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.
    • 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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    • 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.
    • 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 L5121-1-12° 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.
    • 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 L5121-1-13° of the French Public Health Code.
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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).
    • 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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    • See, notably, Articles R1125-1, R1125-3, R1125-8, R1125-10, and R1125-11 of the French Public Health Code
    • See, notably, Articles R1125-1, R1125-3, R1125-8, R1125-10, and R1125-11 of the French Public Health Code.
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    • Article L1243-1 of the French Public Health Code.
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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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    • 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.
    • 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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