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| 2. |
- Bastidas Venegas, Vladimir, Associate professor/Docent, 1974-
(författare)
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The Application of EU Competition Law to the Exploitation of Human Genome Editing Technology
- 2022
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Ingår i: European Journal of Health Law. - : Brill Nijhoff. - 0929-0273 .- 1571-8093. ; 29:3-5, s. 589-619
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Tidskriftsartikel (refereegranskat)abstract
- This paper explores the application of EU Competition Law to the exploitation of human genome editing technology. Holders of key patents in the sector have applied different methods for disseminating the technology, such as different forms of licens- ing agreement and patent pools. It is found that that the competition rules are ill-suited to assess some of the licensing arrangements applied, which give rise to legal uncertainty. Accordingly, holders of patents on human genome editing technology may be discouraged to apply efficient methods for disseminating the technology. This may delay or obstruct some of the benefits the technology is supposed to deliver to the market, maker actors and consumers.
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| 3. |
- Gibbons, Susan M. C., et al.
(författare)
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Lessons from European Population Genetic Databases : Comparing the Law in Estonia, Iceland, Sweden and the United Kingdom
- 2005
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Ingår i: European Journal of Health Law. - : Brill. - 0929-0273 .- 1571-8093. ; 12:2, s. 103-133
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Tidskriftsartikel (refereegranskat)abstract
- The advent of large-scale, population genetic databases (PGDs) in several countries around the world marks a significant development in human DNA banking and genetic research. The European countries that have led the way in the development of PGDs are Iceland, Sweden, Estonia and the U.K. In legal terms, the emergence of PGDs has been far from straightforward as such projects pose a range of difficult and complex issues for the law to address. This article canvasses the current law in Iceland, Estonia, Sweden and the U.K. on four fundamental issues of principle pertaining to PGDs, in order to illustrate the difficulties that have emerged around PGDs, highlight key areas of legal concern, and shed light on possible ways forward. It compares and contrasts the differing legal positions and lawmakers' responses to date in these four European countries that have established PGDs or are seeking to do so. The four fundamental issues examined are: (1) consent, especially for secondary research purposes; (2) ownership of biological samples, data and databases; (3) the rights of certain third parties to gain access to, and to use, PGD biological samples and data; and (4) benefit sharing, including the provision of feedback and genetic counselling to participants. This analysis may offer some guidance for policymakers in other jurisdictions where PGDs have been proposed or are being established.
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| 4. |
- Litins'ka, Yana, et al.
(författare)
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Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience
- 2020
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Ingår i: European Journal of Health Law. - : Brill Academic Publishers. - 0929-0273 .- 1571-8093. ; 27:4, s. 368-385
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Tidskriftsartikel (refereegranskat)abstract
- COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease and a continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty and if it is permissible under the Convention for the Protection of Human Rights and Fundamental Freedoms.
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| 5. |
- Litins’ka, Yana, 1987-, et al.
(författare)
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Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience
- 2020
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Ingår i: European Journal of Health Law. - : Brill. - 0929-0273 .- 1571-8093. ; 27:4, s. 368-385
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Tidskriftsartikel (refereegranskat)abstract
- COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.
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| 6. |
- Litins'ka, Yana
(författare)
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What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter
- 2024
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Ingår i: European Journal of Health Law. - 0929-0273. ; 31:1, s. 51-72
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Tidskriftsartikel (refereegranskat)abstract
- Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection.
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| 7. |
- Matthews, Duncan, et al.
(författare)
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Balancing innovation, ‘ordre public’ and morality in human germline editing : A call for more nuanced approaches in patent law
- 2022
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Ingår i: European Journal of Health Law. - : Brill. - 0929-0273 .- 1571-8093. ; 29:3-5, s. 562-588
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Tidskriftsartikel (refereegranskat)abstract
- This article analyses the role that ‘ordre public’ and morality exceptions can play in the granting of patents on inventions in the field of human germline editing and the consequences of this policy option. In order to provide the context for such an analysis, the article will, first, provide an overview of the current patent landscape for relevant genome editing technologies, drawing attention to recent patent disputes and, second, examine ‘ordre public’ and morality exceptions under patent law in international, national and regional law, and the implications for innovation and access to novel treatments. The article argues that patent exceptions should not be used as a blunt policy instrument, nor interpreted in a way that is contrary to the patent system's overall objectives. The ‘ordre public’ and morality based exceptions in the context of human germline editing should not be interpreted and applied in a way which results in outcomes counterproductive to the goal of balancing innovation with the protection of societal higher normative values. Instead, the application of the exception should be based on a sound understanding of both the underlying science as well as the broader ethical, social, and legal implications, thus enabling case-by-case decisions that provide the basis for patent claim amendments and nuanced purpose-bound protection. Further analysis and debate as to the role that such flexibilities can play in the context of genome editing technologies is therefore both necessary and desirable, and can be facilitated in the ways set out in this article.
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| 9. |
- Mattsson, Titti
(författare)
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Quality Registries in Sweden, Healthcare Improvements and Elderly Persons with Cognitive Impairments
- 2016
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Ingår i: European Journal of Health Law. - 0929-0273. ; :23, s. 453-453
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Tidskriftsartikel (refereegranskat)abstract
- Policy-makers, the medical industry and researchers are demonstrating a keen interest in the potential of large registries of patient data, both nationally and internationally. The registries offer promising ways to measure and develop operational quality within health and medical care services. As a result of certain favourable patient data regula- tions and government funding, the development of quality registries is advanced in Sweden. The combination of increasing demand for more cost-efficient healthcare that can accommodate the demographic development of a rapidly ageing population, and the emergence of eHealth with an increasing digitalisation of patient data, calls attention to quality registries as a possible way for healthcare improvements. However, even if the use of registries has many advantages, there are some drawbacks from a patient privacy point of view. This article aims to analyse this growing interdepen- dence of quality registries for the healthcare sector. It discusses some lessons from the Swedish case, with particular focus on the collection of data from elderly persons with cognitive impairments.
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