Privacy and Biobanking in China: A Case of Policy in Transition

The International Teaching and Practice of Cryobiology and Biobankology Course in China

In the past 10 years, clinical biobanks have experienced increasing expansion in China. Demand for systematically educated biobanking professionals is a priority for Chinese biobanks' agenda. The cryobiology and biobankology course is the first semester-long course in China, designed and developed at Central South University with international cooperation. Leading professors were from China, the United States, United Kingdom, and Canada to teach the latest version of biobanking knowledge and skills around the globe. This course is a comprehensive elective course with six specific teaching modules, which is suitable for graduate students majoring in basic medical sciences, clinical medicine, life sciences, mechanical engineering, and biomedical engineering, who would like to seek biobanking careers in the future. Participants from China, Czech Republic, Ghana, Madagascar, Tanzania, South Sudan, and Israel attended the course. Through taking this course, students can broaden their international academic horizons and cultivate the ability to learn and apply the knowledge of biology, medicine, and engineering to analyze and explain the low-temperature biology and clinical samples-based research practice. At the same time, the course enables students to realize the importance of multidisciplinary fields of biobanking and the significance of innovative precision medicine research, and further enlightens students' enthusiasm to pursue biobanking professional careers, and in the future they can proudly call themselves "biobankers."

Difficulties and challenges in the development of precision medicine

The rapid development of precision medicine is introducing a new era of significance in medicine. However, attaining precision medicine is an ambitious goal that is bound to encounter some challenges. Here, we have put forward some difficulties or questions that should be addressed by the progress in this field. The proposed issues include the long road to precision medicine for all types of diseases as the unknown domains of the human genome hinder the development of precision medicine. The challenges in the acquisition and analysis of large amounts of omics data, including difficulties in the establishment of a library of biological samples and large-scale data analysis, as well as the challenges of informed consent and medical ethics in precision medicine, must be overcome to attain the goals of precision medicine. To date, precision medicine programs have accomplished many preliminary achievements and will help to drive a dramatic revolution in clinical practices for the medical community. Through these advances, the diagnosis and treatment of many diseases will achieve many breakthroughs. This project is just beginning and requires a great deal of time and money. Precision medicine also requires extensive collaboration. Ultimately, these difficulties can be overcome. We should realize that precision medicine is good for patients, but there is still a long way to go.

China: concurring regulation of cross-border genomic data sharing for statist control and individual protection

This paper reviews the major legal instruments and self-regulations that bear heavily on the cross-border sharing of genomic data in China. It first maps out three overlapping frameworks on genomic data and analyzes their underpinning policy goals. Subsequent sections examine the regulatory approaches with respect to five aspects of responsible use and sharing of genomic data, namely, consent, privacy, security, compatible processing, and oversight. It argues that substantial centralised control exerted by the state is, and would probably remain, the dominant feature of genomic data governance in China, though concerns of individual protection are gaining momentum. Rather than revolving around a simplistic antinomy between privacy preservation and open science, the regulatory landscape is mainly shaped by the tension between government desires for national security, state competitiveness, and public health benefits.

Patenting human genes: Chinese academic articles' portrayal of gene patents

Background

The patenting of human genes has been the subject of debate for decades. While China has gradually come to play an important role in the global genomics-based testing and treatment market, little is known about Chinese scholars’ perspectives on patent protection for human genes.

Methods

A content analysis of academic literature was conducted to identify Chinese scholars’ concerns regarding gene patents, including benefits and risks of patenting human genes, attitudes that researchers hold towards gene patenting, and any legal and policy recommendations offered for the gene patent regime in China.

Results

57.2% of articles were written by law professors, but scholars from health sciences, liberal arts, and ethics also participated in discussions on gene patent issues. While discussions of benefits and risks were relatively balanced in the articles, 63.5% of the articles favored gene patenting in general and, of the articles (n = 41) that explored gene patents in the Chinese context, 90.2% supported patent protections for human genes in China. The patentability of human genes was discussed in 33 articles, and 75.8% of these articles reached the conclusion that human genes are patentable.

Conclusion

Chinese scholars view the patent regime as an important legal tool to protect the interests of inventors and inventions as well as the genetic resources of China. As such, many scholars support a gene patent system in China. These attitudes towards gene patents remain unchanged following the court ruling in the Myriad case in 2013, but arguments have been raised about the scope of gene patents, in particular that the increasing numbers of gene patents may negatively impact public health in China.