Legal Limitations on Genetic Research and the Commercialisation of its Results

Genetic research involving humans as well as the commercialisation of its results both raise intricate ethical questions. On the one hand this research is seen as the catalyst to facilitate scientific advancement possibly having enormous potential in treating hitherto incurable diseases, such as Parkinson’ s disease, diabetes or heart failure. On the other hand, moral dilemmas are posed as to justifiableness of research, such as that concerning human embryonic stem cells or manipulating with human biological material, all the more since the aforementioned potentials are rather uncertain at this point in time given the scarcity of expert’ s knowledge and technology in the field. This Report does not intend to discuss the issues of conflict between different values, opposite rights and obligations, or contrasting interests, because they are the prerogatives of every individual and every society, including each Croatian citizen and the Croatian society as a whole. However, a pluralist society has to increase public awareness of these issues, so that the citizens may engage in an informed debate and make a knowledgeable decision. While some of the practices dealt with in this Report have been commercialised, other still have not and are regulated insofar as the research is concerned. Furthermore, will inventions based on the latter become patentable in the future is the issue of balance the state has to maintain between costs and benefits thereof, in a view of investor’ s interests, society’ s commercial and social welfare, freedom of research, as well as ethically sensible aspects related to human rights, human dignity and religious and other convictions. In doing so, history of science and its mis(uses) in practice certainly may teach a good lesson and send the message of the need to increase awareness of the potential hazards an overcredulous acceptance of the “ promising” new practices may have over human kind