Title: Regenerative medicine in Europe: political conflicts, economic biases, and legal loopholes
1Regenerative medicine in Europe political
conflicts, economic biases, and legal loopholes
- Alex Faulkner
- Centre for Global Health Policy
- University of Sussex
- a.faulkner_at_sussex.ac.uk
2 Overview
- Concepts
- Classification, stakeholders, interests
- From tissue/cell banking to healthcare
commodities - -The mode of action conflicts
- -The ethical issues conflicts
- What the new EU RM product Regulation
accomplishes - How the new products regulatory system performs
holes, loopholes and biases - Negotiating the system
- Cartilage cell therapy
- Patent nonsense? stem cells and embryos between
national law and the European Court of Justice
3 CEO of World's Leading Regenerative Medicine
Company, Organogenesis, Gives Keynote Address at
World Congress of Regenerative Medicine in
Germany.
5th annual World Stem Cells and Regenerative
Medicine Conference 2010
Cloning and Regenerative Medicine
News Reprogramming a patient's eye cells may
herald new treatments against degenerative
disease (10/25/2009)
4The Bioeconomy
- e.g.
- OECD report
- UKs Life Science strategy 2011
5Social shaping of technology
- Regulatory politics
- Regulation is innovative force
- Regulatory classification
- Interaction of materiality of RM and regulatory
politics
6Social shaping of technology
- Regulation rules of engagement of
technological zones (A. Barry) - What does societal regulation do? -
Performativity of law
7Regenerative Medicine as a sector or zone
- Fragile
- Product or asset-based model for business?
- SMEs and hospitals, a few MNCs arriving
- Funding/venture capital uncertainties
- Unclear business models failures
- Uncertain and evolving science biology,
engineering, craft - Novel modes of action uncertainties for
regulatory science - Ethical issues starting materials property
- Autologous/allogeneic
8Core question
- how to maintain regulatory connection?
- - i.e. matching and linkage between a
diversifying, innovative regulatable field and
challenged set of regulatory frameworks and
practices -
- R. Brownsword (2008) So what does the world need
now reflections on regulating technologies, In
R. Brownsword and K. Yeung (eds.). (2008)
Regulating Technologies Legal Futures,
Regulatory Frames, and Technological Fixes.
9Taxonomy - classification
10(No Transcript)
11Socioeconomic classification
- Three dimensions of socioeconomic
classification1. confer identities on social
actors (or objects), and imply social control - 2. create social boundaries and signify social
standing of actors (or objects) - 3. involve political struggles between different
interest groups classification systems embody
political power -
- Zhao W. (2005). Understanding classifications
Empirical evidence from the American and French
wine industries. POETICS , 33, 3-4 179-200.
12Classification - research sectors
- EC FP7
- - Health
- - Regenerative medicine clinical trials
13Regenerative medicine material classifications
and types
- transplantation
- Cell therapy -somatic/adult -hESCs -mesenchym
al - Tissue engineering, tissue preparations
- Gene therapy
- Combined therapy products
- Medical devices - decellularised products -
non-manipulated cells
14Classificatory politics of RM sectors
- E.g. cells as medicines
- Regen the industry responsible for cell-based
therapies universally recognised as an emerging
new healthcare sector C.Mason -
-
-
Cell Therapy and RMAdvisory Group
15Europe cell therapy industry survey (Martin et
al 2009)
- 138 primary firms and 49 secondary firms at the
start of 2009 - All allogeneic products - US firms
- autologous products all but one European.
- 50 firms adult stem cells, 20 hESCs
- 97 products - 88 skin, bone or cartilage.
16Stakeholders, states and sectors
- European CommissionEnterprise - Biotechnology
- Pharmaceuticals - Medical devices - Health Consumers
- European Parliament and committees
- Council of Ministers (member states positions)
- Regulatory bodies
- Donors PatientsMedical professionalsCell/tissue
banksScientists developmental biology etc
scientific societiesBio-engineersHospitals,
CharitiesCompanies
17EU regulation early-mid 2000s
- Medical devices directives (x 3)
- Medicinal product directives regulations
- Annex 1 directive 2001/83/EC - cell therapy
medicinal products - Blood blood products directive
- Guide on safety and quality assurance for organs,
tissues and cells. Council of Europe July 2002 - Clinical trials directive
- ??? Organ transplantation
- ????? Xenotransplantation
- ?????????hES cell therapy products
18The xenotransplant debate
- for another day - MEP in ENVI committee
19EU polity - plurality of interests
- EU ENVI Committee Health Working Group
- EU Industry, Research Energy (ITRE)
- EU Legal Affairs (JURI)
- EC DG Enterprise Industry
- EC DG SANCO
- Council of Europe - Employment, Social Policy,
Health and Consumer Affairs Council
20EC Issues, early 2000s
- Urgent need to regulate the conditions under
which human tissues circulate in the European
market - Realpolitik dictates the exclusion of stem
cells - Most of the (European Parliaments) proposals
were thrown out because they concerned matters of
ethics - Localising the ethical problems will..
jeopardise the basic right of physical integrity
21Cell/tissue banking
- Human tissues and cells directive 2004 (TCD)
standards for quality safety supply,
storage, processing, distribution..-voluntary
donation - HFEA
- Human Tissue Authority in UK
22Definitions Tissue engineering and cell therapy
-
- regeneration of biological tissue through the
use of cells, with the aid of supporting
structures and/or biomolecules (EC SCMPMD,
2001)
23Tissue engineering and cell therapy regulation
early 2000s
24Risk-based regulatory model proposed
- Tissue/cell provenance
- autologous national regulation
- allogeneic EU central regulation
25Regulatory politics classification and
commensuration
- EC invents coherent ensemble of advanced
therapy medicinal products by expanding existing
pharmaceutical regime - aligns gene therapy, cell therapy, tissue
engineered products (xeno included) - (TE unconventional medicine)
26One form of classification commensuration
the comparison of different entities
according to a common metric (Espel
and Stevens 1998)
27Commensuration designing markets
process of making goods measurable and
comparablestandardization of product categories
is a socially embedded driver of market
evolution (Kai) how the destruction of one
gas in one place is made commensurate with
emissions of a different gas in a different
place (MacKenzie the politics of market
design) -K. Kai, Arbitrage and
Commensuration as Socially Embedded
Performativity. Paper presented at the American
Sociological Association Annual Meeting, San
Francisco, CA, August 8th, 2009. -D. Mackenzie
(2009) Making things the same Gases, emission
rights and the politics of carbon markets.
Accounting, Organizations and Society 34 (3/4)
440.
28European Commission
Enterprise and IndustryDirectorate-General
BIO 2006 April 9-12, 2006
Genes, Cells and Tissues Commission
proposalon Advanced Therapies
Georgette LALISDirector, European CommissionDG
Enterprise Industrygeorgette.lalis_at_cec.eu.int
29 Policy objectives
- Proposal adopted on 16.11.2005
- Guarantee a high level of health protection
- Harmonise and facilitate market access
- Foster competitiveness
- Provide overall legal certainty
30Ethical aspects
The proposal does not affect the application of
national legislation prohibiting or restricting
the use of any specific type of human or animal
cells, or the sale, supply or use of medicinal
products containing, consisting of or derived
from these cells.
Ref. Article 28 of the proposal and Art. 2(1)
of Dir. 2001/83/EC
31Shared characteristics -commensuration strategy
- innovative manufacturing
- scarce scientific and industrial expertise
- the importance of traceability and risk
management - primary participation of small and medium-sized
enterprises (SMEs), hospitals and tissue banks.
32Tissue engineering and cell therapy regulation
mid-2000s Proposal 2.
33Advanced Therapies - EU political conflict
- Embryonic stem cells
- hybrid technologies
34Ethics and Ethical issues
- HESCs and hybrids
- vs.
- Public health/medical advance
35Mode of action
- Cells or tissues shall be considered engineered
if they fulfil at least one of the following
conditions - the cells or tissues have been subject to
substantial manipulation, so that biological
characteristics, physiological functions or
structural properties relevant for the intended
regeneration, repair or replacement are achieved.
- the cells or tissues are not intended to be used
for the same essential function or functions in
the recipient as in the donor (ATMP Regulation
text - European Parliament and Council of the
European Union, 2007).
36Mode of action sectoral conflicts
- say a heart valve covered by cells. .. the
main mode of action isnot the cells, its the
valve itself. However the cells are there for a
certain function but it might be secondary to the
physical mode of action by the valve or by the
artificial hip (MHRA interview with medical
device regulator, 2006).
37Mode of action conflicts
- what will be classed as an 'engineered' tissue,
specifically the possibility that processes that
have been traditionally applied to tissue
allografts to render them safer, amenable to long
term preservation or more biocompatible could be
classed as 'engineering' (NBS Tissue
Serviceswritten response to EC Consultation, May
2005).
38Mode of action politics
- The Presidency has also suggestedall combined
products containing viable cells or tissues
should be considered ATMPs (Members States
positions on this) Support Belgian, Estonian,
Lithuanian, Hungarian, Portuguese and Slovenian
delegations Against Danish, Spanish, French,
Netherlands, Swedish and United Kingdom
delegations hold that the principal mode of
action should be decisive. - (Health Council of Europe Working Party on
Pharmaceuticals Medical Devices, 2006)
39Pharmaceutical regulatory regime
- (Impossible) to re-open discussion on all those
different balances on responsibilities of
member states, of the Commission, related to good
manufacturing practices, to Good Clinical
Practice, for clinical trial conduct, to
pharmacovigilance, of post-authorisation safety
follow up (interview with EMEA, 2007).
40 EUs Advanced Therapy Medicinal Products (ATMP)
Regulation 2007 (REG/1394/2007/EC)
41 Main features of the Advanced Therapies Medicinal
Products Regulation
- Liberal regarding cell materials incl hESC and
xeno - scope of TE product defined
- EC/EU centralised authorisation A new
authorisation Committee based in European
Medicines Agency (CAT) - Hospital exemption
- Pre-certification of new products (new)
- Fee-waiver incentives for SMEs
- 30 year traceability surveillance scheme
- technical requirements open-ended
42Committee for Advanced Therapies work
- Classification (60)
- Scientific advice
- Certification SME (2)
- Authorisation (recommendation) (2)
43Example classifications
- Suspension of allogeneic bone-marrow derived
osteoblastic cells, intended for the treatment of
non-union, delayed union or other fractures - -Tissue engineered product, non-combined
- Encapsulated cell based delivery system
engineered to deliver human ciliary neurotrophic
factor (CNTF) intraocularly after implantation.
(reducing photoreceptor loss associated with
degeneration of the cells of the retina) - Gene therapy medicinal product, combined ATMP
44The laws effects
- Stabilising a sector / zone?
- Harmonisation of states regulation
- Loophole of hospital exemption?
- Lack of incentive for hospital/academic sector
- Complexity of regulatory system
45Effects of the ATMP Regulation
- A woundcare cell/TE therapy
- This life-saving technique - taking a sample of
unaffected skin, placing it on a mesh, and
allowing the cells to reproduce and expand - has
been in use for more than 10 years now with
extremely good safety and efficacy records - For us surgeons the use of human tissue
engineered products has allowed us to give so
many patients, over 8,000 in the last 15 years,
renewed hope for a better quality of life. For
regulators, however, the question was whether
these products were medical devices or medicinal
products.. Wound/Burns clinician, Italy,
Feb. 2013
46contd.
- it was decided to classify them under gene and
cell therapy which essentially meant that the EMA
would now be responsible for approving these
products. The result since that day in 2007 EMA
gave more than 100 scientific advices, of which
only 9 (!) resulted into a submission. Of these 9
submissions, only 2 (!) have been approved. And
when it comes to my own practice, not a single
one of the products that I have been using for
decades with full satisfaction has been given
approval. And moreover, since the 1st of January
of this year, these products can no longer be
made available to patients because they have not
been granted approval. Wound/Burns surgeon,
Italy, Feb. 2013 http//www.medtecheurope.org/b
logposts
47Wound care technology- a regulatory cause
célèbre
48The identity of Apligraf
- Viable human cells (keratinocytes and
fibroblasts) cultured from neonatal foreskin on a
bovine-based collagen matrix
49The classification of Apligraf
- Regulation
- FDA medical device
- European Medicines Agency - ??? ATMP
50Effects of the ATMP Regulation
- Hospital exemption
- Hospital-based
- One-off
- Individually prescribed
- Non-standardised
- Non-industrial
51Hospital exemption
- hospitals might be able to avoid complying with
the provisions of the regulation, whereas
industrial manufacturers of similar products
would bear the obligations of compliance.., where
hospitals are preparing products routinely, using
an established process to create treatments for
patients on a serial and routine basis, they too
should have to comply with the provisions of the
regulation (Eucomed, 2006).
52Stem cell ATMPs regulation
- EMA
- To date, no stem-cell medicinal products have
received marketing authorisation within the EU.
However, it is still possible to gain access to
stem-cell medicinal products under certain
controlled conditions. These include taking part
in clinical trials or compassionate-use
programmes, or receiving a custom-made medicine
as part of hospital exemption. (2010)
53Stem cell ATMPs
- use of stem-cell medicinal products outside
these controlled conditions may result not only
in little or no benefit to patients, but could
also be detrimental. This is because, outside
these conditions, checks on the quality of these
products may not have been carried out, and their
safety and efficacy may not be properly
assessed. (EMA)
54First ATMP through central authorisation
- ChondroCelect
- characterised viable autologous
cartilage-forming cells expanded ex vivo
expressing specific marker proteins -
classified as tissue-engineered ATMP - - Global cartilage/ACI industry
55(No Transcript)
56Framing the market/usership through regulatory
science
- Recent trials suggest that ACI techniques,
which are indicated for young people with
traumatic cartilage defects, could also be used
in degenerative defects of elderly people with
OA
57Regenerative device for cartilage repair
CellCoTec - A revolutionary approach to cartilage
repair
58First gene therapy authorised in the West 2012
- Glybera
- Dutch biotechnology company Uniqure
- treatment for lipoprotein lipase deficiency
(prevents the breakdown of fat in food and causes
severe pain and inflammation of the pancreas) - affects one to two people in every million
- Orphan drug designation
- 250,000 a year for five years
59Effects of ATMP economic bias
- Problem
- 60 of applicants to ATMP CAT committee are
academic, hospital or charities not SMEs - Solution?
- CAT Interested Parties (IP) (2009)
not-for-profits - Hearings - closer interaction academic producers and EMA
- meeting between CAT and national clinical trial
authorities - EMA link to funding bodies
- Scientific societies CAT interaction
- urge European Commission to allow certif for
non-SMEs
60Effects of ATMPproliferating EMA forums
- CAT-IP Focus Group on Incentives for academia,
hospitals, charities - CAT IP Focus Groups (2011)- Focus Groups a
model for a fruitful interaction between CAT
and its stakeholders (Conference, January
2012). small group theory - EMA/CAT-Notified Body Collaboration Group
- CAT- Scientific Society networking- European
Society Gene Cell Therapy workshop (2012)
61Effects of the ATMP Regulation as legislative
text/document
- Represents EU/EC/EP RM world-view
- Legislative Articles and non-legislative
rationale - Textual analysis
62RM in the text of the ATMP regulation
- Industry 1, undefined
- Firms, hospitals?
- public confidence
- Patients? Citizens?
63Strategies in the EU regulatory system for
tissue/cell products
- - Centralised ATMP route
- Hospital exemption (national variation)
- Unlicensed medicines (Specials in UK)
- - Orphan designation
- - Compassionate use
- - Medical device decellularised/acellular
product/process
64Current public consultation on ATMP Regulation
- http//ec.europa.eu/health/files/advtherapies/2012
_12_12__public_consultation.pdf - Application data requirements
- Combined products (no applications to CAT)
- - Hospital exemption (a too large application
of this exemption may discourage the application
for marketing authorisations). - Incentives
65ATMP summary
- Conflicts
- Biases
- Loopholes
- Some harmonisation standardisation
66Human embryonic stem cells
67(No Transcript)
68(No Transcript)
69 Uneven regulations governing hESC research
e.g Cannot derive but can import
hESClines(DE, IT) Allow procurement of hESC
from supernumerary IVF embryos(CZ, DK, EL, FI,
FR, NL, PT), and Allow somatic cell nuclear
transfer(BE, ES, SE, UK) Embryo research
legislation, not specifying hESC(HU, SI) No
specific hESC research regulation(BG, CY, EE, IE,
LU, LV, PT, RO AT, LT, MT, PL, SK). Source EGE
Opinion 22
70Stem cell therapy as commodities? - EU law
- the politics of biotechnology at the EU was
subordinatedto that of the member states. Basic
questions about the acceptability of
biotechnologys products and the allowable forms
of debate concerning them remained national in
character (Jasanoff 2005
280 cited in Kent,2012)
71Stem cell therapy as commodities? - EU law
- Biotechnology Directive 1998
- If commercial exploitation offends ordre public
or morality exclude from patentability - - Cloning human beings
- - Modifying germ line
- - Use of human embryos for industrial or
commercial purposes
721999
-Extraction of neural precursor cells
73Oliver Brüstle
74(No Transcript)
75Greenpeace vs. Brüstle
- Greenpeace challenge legality of patent 2004
- Sent to CJEU 2011, followed Btech Directive but-
definition of human embryo? - EPO guidance prohibiting SCs from blastocytes
- - CJEU stem cells obtained at the blastocyst
stage national decision - Nov 2012 federal court upheld CJEU but allowed
Brüstle patent (revised) cell lines/embryos not
capable of development
76Politics of patenting
- Letter of protest at Brustle case threat to stem
cell funding in EUs Horizon 2020 funding
programme
77Joint statement
- To maintain its global edge in this area of
research, Europe must ensure all avenues of stem
cell research continue to be financially
supported, including through Horizon
2020.Europes strengths in this field present
valuable opportunities to attract skilled
scientists, biopharmaceutical companies and
international investment in stem cell research to
Europe, to drive the translation of basic
research towards clinical benefits, and to
influence the international agenda.
78EU parliamentary politics hESCs in Horizon 2020
- Opposition continues
- Majority of Council remain in favour
79Concluding Regulatory connection
- Product regulation - ATMP biases, poorly aligned
to sectoral interests - Property/patent regulation - material
definitions (in hESC) are evolving and
re-classifiable
80Identities, boundaries, politics (Zhao)
- Malleability and uncertainty of classification of
RM materials, product definitions and modes of
action - Political, economic and ethical struggles over
boundary definitions - National and sectoral identities
- - With real implications for future medicine,
healthcare and global bioeconomies!
81Thank you!
- a.faulkner_at_sussex.ac.uk
82Publications
- Book
- Faulkner A. (2009) Medical Technology into
Healthcare and Society a sociology of devices,
innovation and governance, Basingstoke Palgrave
Macmillan. - Journal Special Issue Editorships
- 1.) Journal of Law and Society Guest Editorship
special issue Material Worlds The
Intersections of Law, Technology and Society,
(2012) vol 39 issue 1. (Also book by
Wiley-Blackwell). - 2. INNOVATION the European Journal of Social
Science Research Guest-editorship special issue
Steering Biomedicine The Regulatory Dynamics of
Therapeutic Technologies in Europe. October 2012. - Articles/Chapters include
- Faulkner A. (2012) Commensuration and
Proliferation Similarity and Divergence in Laws
Shaping of Medical Technology.Law, Innovation and
Technology, 4(2) 165184. - Faulkner A. (2012) Laws performativities
shaping the emergence of regenerative medicine
through European Union legislation. Social
Studies of Science - Faulkner, A. (2013). Medical Technology. In
Gabe J., Monaghan L. (eds.) Key Concepts in
Medical Sociology, 2nd ed. Sage Publications. - Hogarth S, Hopkins M, Faulkner A. (2012)
Personalized medicine renewing the social
science agenda. Personalized Medicine, 9, 2
121-126 - Mahalatchimy A, Rial-Sebbag E, Tournay V,
Faulkner A. (2012) The legal landscape for
Advanced Therapies material and institutional
implementation of European Union rules in France
and the UK, in Journal of Law and Society vol
39 issue 1. 131-149.Faulkner A, Lawless C, Lange
B. (eds). Introduction Material Worlds
intersections of law, science, technology and
society. Journal of Law and Society, 39, 1
83Publications contd.
- Faulkner A. (2012) Tissue engineered
technologies regulatory pharmaceuticalisation in
the European Union. In Steering Biomedicine
regulatory dynamics of therapeutic technologies
in Europe. Special Issue (ed. A. Faulkner) of
INNOVATION the European Journal of Social
Science Research. - Faulkner A. (2011). Resisting the screening
imperative patienthood, populations and politics
in prostate cancer detection technologies for the
UK. Sociology of Health and Illness, Special
Issue on Screening. - Salter B, Faulkner A. (2011). State strategies of
governance in biomedical innovation aligning
conceptual approaches for understanding Rising
Powers in the global context. Globalization and
Health, 73. - Faulkner, A. (2010) Trial, trial, trial again
reconstructing the gold standard in the science
of prostate cancer detection. In Will, C.
Moreira T. (eds). Medical Proofs/Social
Experiments clinical trials in context. Ashgate.
pp 136-51. - Faulkner A. (2009) Regulatory policy as
innovation constructing rules of engagement of a
technological zone for tissue engineering in the
European Union, Research Policy, 38(4) 637-646. - Faulkner A, Geesink I, Kent, J, FitzPatrick D
(2008) Tissue-engineered technologies scientific
biomedicine, frames of risk and regulatory
regime-building in Europe, Science as Culture,
17, 2, 195-222. - Faulkner A, Kent J, Geesink I, Fitzpatrick D.
(2006). Purity and the dangers of regenerative
medicine regulatory innovation of human tissue
engineered technology. Social Science Medicine,
63, 2277-88.
84Publications contd.
- Brown, N. Faulkner, A. Kent, J Michael, M.
(2006). Regulating Hybrids Making a Mess' and
Cleaning Up' in Tissue Engineering and
Transpecies Transplantation. Social Theory
Health, 4, 1, 1-24. - Kent, J., Faulkner, A., Geesink, I.,
FitzPatrick, D. (2006). Towards Governance of
Human Tissue Engineered Technologies in Europe
Framing the case for a new regulatory regime.
Technological Forecasting and Social Change, 73,
41-60. - Kent J, Faulkner A. (2002). Regulating human
implant technologies in Europe understanding
the new era in medical device regulation. Health,
Risk Society, 4,2, 190-209. - Faulkner A, Kent J. (2001). Innovation and
regulation in human implant technologies
developing comparative approaches, Social Science
and Medicine, 53, 895913.