Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 1017-1033 |
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Honari A, Mahdavi S M H, Nassiran Najafabadi D. Study of the Process and System of Using Stem Cells and Gene Therapy from the Perspective of Iranian Law. MLJ 2022; 16 (57) :1017-1033
URL: http://ijmedicallaw.ir/article-1-1499-en.html
URL: http://ijmedicallaw.ir/article-1-1499-en.html
1- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran, Iran
2- Department of Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2- Department of Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Abstract:
Background and Aim: In recent years, there have been many developments in the field of technology. One of these areas is the issue of stem cells. The purpose of the current research is to review and analyze the existing regulations in this field.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the present research show that, the issue of using and accessing stem cells for research has not been considered. On the other hand, considering that the genes and genetic information contained in them have the ability to be assigned and also have the value of exchange and buying and selling, they can be considered property, since stem cells have the special properties of property, they can be classified as property and the ownership of them can be different in any way.
Conclusion: In Iran's domestic laws, due to the many gaps in the existing regulations, in order to prevent possible abuses in this technology, while developing the necessary regulations, it is necessary to manage and resolve the conflict of interests between the factors involved in this technology. However, in the absence of strong approvals regarding the processes related to basic cells, in the current system we can use the theory of "responsibility for non-prohibited actions".
Please cite this article as:
Honari A, Mahdavi SMH, Nassiran Najafabadi D. Study of the Process and System of Using Stem Cells and Gene Therapy from the Perspective of Iranian Law. Medical Law Journal. 2022; 16(57): e70.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the present research show that, the issue of using and accessing stem cells for research has not been considered. On the other hand, considering that the genes and genetic information contained in them have the ability to be assigned and also have the value of exchange and buying and selling, they can be considered property, since stem cells have the special properties of property, they can be classified as property and the ownership of them can be different in any way.
Conclusion: In Iran's domestic laws, due to the many gaps in the existing regulations, in order to prevent possible abuses in this technology, while developing the necessary regulations, it is necessary to manage and resolve the conflict of interests between the factors involved in this technology. However, in the absence of strong approvals regarding the processes related to basic cells, in the current system we can use the theory of "responsibility for non-prohibited actions".
Please cite this article as:
Honari A, Mahdavi SMH, Nassiran Najafabadi D. Study of the Process and System of Using Stem Cells and Gene Therapy from the Perspective of Iranian Law. Medical Law Journal. 2022; 16(57): e70.
Type of Study: Original Article |
Received: 2021/12/6 | Accepted: 2023/01/31
Received: 2021/12/6 | Accepted: 2023/01/31
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