Core Legal Challenges for Medical 3D Printing in the EU.

3D printing additive manufacturing legal issues legislation medical medicine regulation

Journal

Healthcare (Basel, Switzerland)
ISSN: 2227-9032
Titre abrégé: Healthcare (Basel)
Pays: Switzerland
ID NLM: 101666525

Informations de publication

Date de publication:
29 May 2024
Historique:
received: 09 04 2024
revised: 29 04 2024
accepted: 24 05 2024
medline: 19 6 2024
pubmed: 19 6 2024
entrez: 19 6 2024
Statut: epublish

Résumé

3D printing has been adopted into routine use for certain medical applications, but more widespread usage has been hindered by, among other things, unclear legislation. We performed an analysis, using legal doctrinal study and legal informatics, of relevant EU legislation and case law in four issues relevant to medical 3D printing (excluding bioprinting or pharmacoprinting): pre-market approval, post-market liability, intellectual property rights, and data protection. Several gaps and uncertainties in the current legislation and interpretations were identified. In particular, we regard the current EU regulatory framework to be quite limiting and inflexible, exemplifying a cautionary approach common in EU law. Though the need to establish high safety standards in order to protect patients as a disadvantaged population is understood, both legal uncertainties and overregulation are seen as harmful to innovation. Hence, more adaptive legislation is called for to ensure continuous innovation efforts and enhanced patient outcomes.

Identifiants

pubmed: 38891189
pii: healthcare12111114
doi: 10.3390/healthcare12111114
pii:
doi:

Types de publication

Journal Article

Langues

eng

Subventions

Organisme : the Novo Nordisk Foundation for an International Collaborative Bioscience Innovation & Law Programme (Inter-CeBIL Pro-gramme)
ID : NNF23SA0087056

Auteurs

Ante B V Pettersson (ABV)

Department of Otorhinolaryngology-Head and Neck Surgery, University of Helsinki and Helsinki University Hospital, FI-00029 HUS, Helsinki, Finland.
Department of Vascular Surgery, University of Helsinki and Helsinki University Hospital, 00100 Helsinki, Finland.

Rosa Maria Ballardini (RM)

Faculty of Law, University of Lapland, 96399 Rovaniemi, Finland.

Marc Mimler (M)

The City Law School, City, University of London, London EC1V 0HB, UK.

Phoebe Li (P)

Sussex Law School, University of Sussex, Brighton BN1 9RH, UK.

Mika Salmi (M)

Department of Mechanical Engineering, Aalto University, 02150 Espoo, Finland.

Timo Minssen (T)

Center for Advanced Studies in Bioscience Innovation Law (CeBIL), Faculty of Law, University of Copenhagen, 1172 Copenhagen, Denmark.

Ian Gibson (I)

Department of Design, Production and Management, University of Twente, 7522 NB Enschede, The Netherlands.

Antti Mäkitie (A)

Department of Otorhinolaryngology-Head and Neck Surgery, University of Helsinki and Helsinki University Hospital, FI-00029 HUS, Helsinki, Finland.
Research Program in Systems Oncology, Faculty of Medicine, University of Helsinki, FI-00014 Helsingin yliopisto, Helsinki, Finland.

Classifications MeSH