Synthetic Biology: Challenges and Legal Questions

Abstract

“Synthetic biology – birth of a new technology.” Under this label, the discussion on synthetic biology is conducted. But what is really new about the synthetic biology? Not much! 95–98 % of what is declared as Synthetic Biology is just a direct continuation of modern molecular biology, genetic research or genetic engineering. For these technologies the existing laws, especially the Gene Technology Law is applicable. Irrespective of this, various ethical, social and legal fields of conflict are discussed with respect to Synthetic Biology, particularly with regard to its implementation orientation, the enormous scientific progress and the sizeable (concrete) application potential. This discussion is focused on aspects of safety, security and justice/fairness. Stronger security measures with regard to the potential misuse seem to be needed. Freedom of research could be restricted as the international debate on the H5N1 virus has shown recently. For example, a Global Health Security Policy Board is under discussion. On the other hand, several national and supranational organizations come to the result that a strict regulation of Synthetic Biology would do more harm than good. Their result is to observe the developments of Synthetic Biology and to react flexible. This paper provides an overview about the German debate in the international context.