Gewebebanken für Therapie und Forschung:Rechtliche Grundlagen und Grenzen (English shop)

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The study examines the diverse potential uses of human tissue preserved in tissue banks/cryobanks. On the one hand, the tissue can be used therapeutically, in the context of tissue transplantation. On the other hand, human tissue has meanwhile become an important component of research. The main focus is on tissue storage for research purposes.

The study aims to clarify the legal framework within which tissue banks may be established. Tissue Directive 2004/23/EC of 31 March 2004 and its implementation through the German Tissue Act (Gewebegesetz) are examined in the study.

With regard to tissue banks for research purposes, so-called biobanks, no specific statutory provisions currently exist. Recourse must be had to general legal principles, which are analysed over the course of the study. The main issue here is the extent to which a personality right exists in separated body tissue. In the course of the study, three particular aspects of the personality right are examined more closely. The first aspect concerns questions surrounding consent. A further consideration is the handling of information and data. As a third aspect, the commercialisation of human tissue is discussed.