| Literature DB >> 34315443 |
Allan Sudoi1, Jantina De Vries2, Dorcas Kamuya3.
Abstract
BACKGROUND: Despite the rapid global growth of biobanking over the last few decades, and their potential for the advancement of health research, considerations specific to the sharing of benefits that accrue from biobanks have received little attention. Questions such as the types and range of benefits that can arise in biobanking, who should be entitled to those benefits, when they should be provided, by whom and in what form remain mostly unanswered. We conducted a scoping review to describe benefit sharing considerations and practices in biobanking in order to inform current and future policy and practice.Entities:
Keywords: Benefit sharing; Benefits; Biobanking; Biobanks; Ethics; Sample sharing
Mesh:
Year: 2021 PMID: 34315443 PMCID: PMC8317360 DOI: 10.1186/s12910-021-00671-x
Source DB: PubMed Journal: BMC Med Ethics ISSN: 1472-6939 Impact factor: 2.652
PubMed search criteria
| Search terms | Search details |
|---|---|
| Biobanks/Biobanking | biological specimen banks [MeSH] OR biobank*[tiab] OR biorepositor*[tiab] |
| Benefits/Benefit sharing | "beneficence"[Mesh] OR "benefit"[tiab] OR "benefit sharing"[tiab] OR "social value" OR "benefit distribution"[tiab] |
| Risk/Burden sharing | "risk assessment"[Mesh] OR "risk distribution"[tiab] OR "risk sharing"[tiab] OR "burden distribution"[tiab] OR "burden sharing"[tiab] |
| Final Query | ((biological specimen banks[MeSH] OR biobank*[tiab] OR biorepositor*[tiab]) AND ("beneficence"[Mesh] OR "benefit"[tiab] OR "benefit sharing"[tiab] OR "social value" OR "benefit distribution" [tiab])) OR ((biological specimen banks[MeSH] OR biobank*[tiab] OR biorepositor*[tiab]) AND ("risk assessment"[Mesh] OR "risk distribution"[tiab] OR "risk sharing"[tiab] OR "burden distribution"[tiab] OR "burden sharing"[tiab])) |
General characteristics of included articles
| References | Type | Geographic setting | Relevance to benefit sharing in biobanking |
|---|---|---|---|
| Árnason [ | Report | Iceland | Highlights the ethical issues around the Icelandic biobank project (deCODE) |
| Berg [ | Opinion Article | Ireland | Practical difficulties in implementing benefit sharing |
| Boggio et al. [ | Book Chapter | Geneva | Comparative analysis of 27 biobanking policies on various ethical legal and social issues (ELSI) |
| Capron et al. [ | Peer Reviewed Article—Empirical | 27 countries | Ethical norms and the international governance of genetic databases and biobanks |
| Chalmers and Nicol [ | E-book | Australia | Examines international best practice for the establishment, maintenance and use of human genetic research databases (HGRDs) and considers the measures that should be taken in Australia to comply with this best practice |
| Chen and Pang [ | Peer Reviewed Article | Global | Discusses a fair, equitable and feasible biobank governance framework to ensure a fair balance of risks and benefits among all stakeholders |
| Emerson et al. [ | Article-Debate | Not specified | Make a case for a tissue trust to respond to claims of exploitation through ‘scientific-imperialism’ and ‘bio-colonialism |
| Hobbs et al. [ | Journal Article - Empirical | Germany and UK | Discusses appropriate methods of reciprocity in biobanking |
| Hugo ethics [ | Opinion Article | N/A | Statement on benefit sharing by the Human Genome Organizations (HUGO) ethics committee |
| Joly et al. [ | Peer Reviewed Article | N/A | Argues that open access can be considered benefit sharing in genomics research |
| Shickle (2014) | Book Section | N/A | Discusses various ethical legal and social issues (ELSI) in biobanking |
| Knoppers [ | Peer Reviewed Article | Global | Discusses benefit sharing from the perspective of the Human Genome Organization’s (HUGO) ethics committee’s ‘Statement on Benefit-Sharing’ |
| Laurie et al. [ | Peer Reviewed Article | N/A | Attempts to reconcile individual privacy and public interests in genetic research using biobanks as a case |
| Mahomed et al. [ | Peer Reviewed Article | South Africa | Examines issues surrounding transfer of human tissues across national boundaries and describes what a South African Institution considered for its material transfer agreements |
| Moodley et al. [ | Peer Reviewed Article - Empirical | South Africa | Unearths research participants (of biobanking) concerns with storage of their tissue and use for research |
| National Bioethics Advisory Commission [ | Report and Recommendations | USA | Report on research involving human biological materials in the USA. Discusses ethical issues and gives policy guidance |
| Ndebele and Musesengwa [ | Peer Reviewed Article | Developing countries | Addresses the issue of fairness in benefits sharing and argues for justice in the sharing of both burdens and benefits of genetics research |
| Nicol and Critchley [ | Peer Reviewed Article -Empirical | Australia | Discusses benefit sharing and biobanking in Australia |
| Pullman and Latus [ | Peer Reviewed Article | N/A | Suggests some ways in which benefit-sharing might be implemented for genetic add-on studies |
| Ravinetto and Dierickx [ | Peer Reviewed Article | India | Reviews relevance and applicability of benefit sharing in the revised “Indian National Ethical Guidelines for Biomedical and Health Research Involving Human Participants” |
| Schroeder and Gefenas [ | Peer Reviewed Article | N/A | Examines post study obligations as a mechanism for benefit sharing |
| Schroeder and Lasen-Diaz [ | Peer Reviewed Article | Global | Considers whether Convention on Biological Diversity (CBD) should be expanded to include human biological resources |
| Schroeder and Lucas [ | Book Chapter | Global | Encourages further empirical research in order to move from theoretical understandings of fair benefit sharing to better practice which benefits real people |
| Schuklenk and Kleinsmidt [ | Peer Reviewed Article | Global | Critically analyses benefit sharing looking at some of the practical challenges in sharing benefits such as Intellectual Property (IP) with communities |
| Sheremeta and Knoppers [ | Peer Reviewed Article | Global | Discusses population genetics and benefit sharing |
| Simm [ | Peer Reviewed Article | Global | Examines and clarifies the notion of benefit-sharing by focusing on its justifications |
| Vaz et al. [ | Peer Reviewed Article-Empirical | India | Elicits views of ethics committee members and researchers involved in biobanking |
| Xiaoyong [ | Book Chapter | China | Examines benefits sharing under different health research models |
| Yakubu et al. [ | Peer Reviewed Article | South Africa | Highlights governance issues in biobanking |
Fig. 1PRISMA Flow chart of study selection process
Benefits and potential beneficiaries
| Benefit | Example(s) | Beneficiaries | Articles |
|---|---|---|---|
| Financial | Licensing fees, percentage of profits, annual fees, direct payments | State, pharmaceutical companies, general population, researchers | [ |
| Capacity building | Improvement of healthcare infrastructure (databases, physical infrastructure, research infrastructure), research staff training and development, technology transfer, and joint ventures | Public health facilities, research staff, research facilities, communities that utilize improved capacity | [ |
| Treatment or Healthcare | Free medical service (medication or consultation), provision of vaccines, tests, drugs, and treatments, treatment for non-research-related conditions | Research participants, their families, communities | [ |
| Improved understanding, knowledge or therapies | Improved understanding/new insights of disease processes and a potential for new therapeutic modalities | Whole of mankind, researchers, pharmaceutical industry, individuals, communities, and populations from which they are derived | [ |
| Post study access | Provision of pharmaceutical and diagnostics products that emerge from the research, giving access to new genetic tests, access to interventions identified as beneficial or to other appropriate care or benefits at subsidized cost | Research participants/specimen donors and their communities | [ |
| Return of results/findings | Provision of individual results (information about own health, incidental findings) or aggregate findings (general research results, study outcome) from the use of their samples | Specimen donors, their families/communities, research community | [ |
| Intellectual property/royalties | Publication rights, royalties from intellectual property, recognition | Researchers, pharmaceutical industry | [ |
| Humanitarian efforts | Donation of percentage of profits/royalties for humanitarian efforts such as general education or health campaigns, community development projects (schools, clean water, roads), support mechanisms for destitute community members, insurance | Communities participating in biobanking | [ |
| Responsiveness to local needs | Diagnostic or therapeutic application of the research that are tailored to local health needs | Communities where samples are collected/research is conducted | [ |
| Jobs | Jobs and related economic activities generated by the research industry such as employment within research facilities and/or biobanks. Scientists and other cadre of staff | Local community members, local researchers and professionals | [ |
| Compensation for costs | Reimbursement of individual’s time, inconvenience and expenses | Research participants/specimen donors | [ |
| Counselling, screening services and testing | Genetic counselling, screening tests, free tests, regular health checks | Specimen donors, their families | [ |
| Other benefits | Anything can be shared, as long as it is defined as a benefit by a substantial number of stakeholders. Even recognition of participants contribution and thanking them | Different stakeholders involved in biobanking | [ |
Governance mechanisms for benefit sharing
| Governance mechanism | Relevant provisions | Articles | ||
|---|---|---|---|---|
| 1 | Convention on Biological Diversity | (a) Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization[ | Both monetary (e.g. access fees, upfront payment, joint ownership of relevant IP rights) and non-monetary (e.g. sharing of research and development results, collaboration, development programs to build local capacity) benefits ought to be shared | [ |
| (b) The Nagoya Protocol on Access and Benefit-sharing [ | Various provisions on the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of their utilization | [ | ||
| 2 | UNESCO | (a) Universal Declaration on the Human Genome and Human Rights[ | Benefits from advances in biology, genetics and medicine, concerning the human genome, shall be made available to all, with due regard for the dignity and human rights of each individual | [ |
| (b) Universal Declaration on Bioethics and Human Rights 2005[ | Benefits should be shared with society as a whole, within the international community and with developing countries. Such benefits include “special and sustainable assistance to, and acknowledgement of, the persons and groups that have taken part in the research” | [ | ||
| 3 | HUGO statement on benefit sharing [ | Undue inducement for human genetic samples through compensation ought to be prohibited | [ | |
| Technology transfer, local training, joint ventures, health care provision, infrastructure provision, payment of expenses, and the use of royalties for humanitarian purposes ought to be encouraged | ||||
| 1–3% of net profits be donated to local, national and international humanitarian efforts | ||||
| 4 | The Nuffield Council report on Human Tissue Ethical and Legal Issues [ | Discussions on the link between commercialization and benefit sharing: i.e. property rights over the actual tissue, claims of entitlement to share in any benefits arising from the exploitation of the tissue and, any consequent intellectual property rights | [ | |
| 5 | WHO guidelines | (a) International Guidelines on Ethical Issues in Medical Genetics and Genetic Services [ | Families or ethnic groups with a particular variant or disease, whose genetic information results in a patent, should receive some benefit in return | [ |
| (b) European partnership on patients’ rights and citizens’ empowerment [ | Some kind of benefit will ultimately be returned, either to the individual from who the materials were taken, or to the general class of person to which that individual belongs | |||
| 6 | Council for International Organisations of the Medical Sciences (CIOMS) guidelines[ | Give priority to direct benefits over indirect benefits | [ | |
| All research in developing countries and sponsored by developed countries, should be of relevance to the developing countries | ||||
| 7 | OECD Guidelines for Human Biobanks and Genetic Research Databases[ | Sharing of knowledge is an important benefit to be derived from human biobanks and genetic research databases (HBGRDs) | [ | |
| 8 | UN Declaration on Human Rights[ | Everyone has the right freely to “share in scientific advancement and its benefits” | [ | |
| 9 | The Declaration of Helsinki[ | At the end of any research study, every subject entered in the project should be assured of the best proven prophylactic, diagnostic and therapeutic methods identified by that study | [ | |
| 10 | Governmental laws, policies and regulations | Countries specific laws, policies and regulations including: | [ | |
| (a) Mandating return of benefits to participants and families | ||||
| (b) Regulations on proprietary claims in respect of human tissue | ||||
| (c) Laws on apportionment of profits or tools for benefit-sharing | ||||
| (d) Statutory categories of benefit | ||||
| 11 | Ethics committees and regulatory bodies | (a) Checking for presence of benefit sharing provisions in protocols | [ | |
| (b) Ensuring communities and individuals are not exploited | ||||
| (c) Ensuring commercially exploitable projects make considerations for benefit-sharing | ||||
| (d) Approving benefit-sharing proposals presented to them | ||||
| (e) Providing guidance on who should provide benefits in order to ensure compliance | ||||
| 12 | Institutional policies and frameworks for benefit sharing | (a) Intellectual property policies | [ | |
| (b) Information to be included in ICFs | ||||
| (c) Requirements for benefit sharing agreements | ||||
| (d) Return of results and compensation of participants | ||||
| 13 | Benefit sharing agreements | Specifies under which conditions benefits are to be shared, which benefits to be shared and proportion of sharing. Can exist at different levels: | [ | |
| (a) International level e.g. conventions between governments and industry players | ||||
| (b) Between industry and researchers | ||||
| (c) Between biobanks and researchers | ||||
| (d) Between/among biobanks | ||||
| (e) Between all above players and research participants/specimen donors | ||||
| 14 | Material transfer agreements (MTAs) | Stipulates ethico‐legal requirements regarding the transfer of human biological materials | [ | |
Benefit sharing challenges in biobanking
| Challenge | Examples | Documents cited |
|---|---|---|
| Tensions with other ethical principles | (a) Payment or compensation of research participants/specimen donors: may be in conflict with conventions or guidelines that state that the human body should not be a source of income (commodification/commercialization of human body). Payments may also be considered coercing individuals to participate therefore a form of undue influence/coercion | [ |
| (b) Claims of ownership of samples: It becomes difficult to distribute benefits when it is unclear who owns the samples | ||
| (c) De-identification of samples (individuals and communities): makes it difficult to share benefits with donors or return results if they are unknown | ||
| (d) Providing healthcare as a benefit: May be seen as undue inducement if provided to vulnerable individuals who have no other means of accessing care. Also brings up question of whose responsibility it is to provide care; researcher or government? | ||
| (e) Conflict between protection against undue inducement on the one hand and exploitation on the other | ||
| (f) Conflict between business enterprise required to fund research and claims of commercialization of human body in the process | ||
| Practicality Issues | (a) Long periods between tissue collection and development of interventions: benefit not immediate or apparent | [ |
| (b) Low yield: numerous attempts before successful intervention | ||
| (c) Nature of research: Samples may be used for basic research where no intervention is developed. Benefits such as post study access therefore become impractical | ||
| (d) Absence of royalties, profits and patents: Difficult to distribute benefits | ||
| (e) Nature of sample collection: Small amounts of tissue may be collected over wide geographical regions. If and when an intervention is developed, it may be difficult to share benefits among all | ||
| (f) Oversight: Due to long periods between sample collection and development of intervention (sometimes decades) it becomes difficult for Ethics committees or governments to perform oversight of benefit sharing | ||
| (g) Uncertainty: Not possible to tell how samples will be used, what interventions will be developed and therefore what benefits may accrue | ||
| Weak governance | (a) No requirement for benefit sharing in legislation nor enforcement mechanisms | [ |
| (b) No protections for poor countries from exploitation by richer countries | ||
| (c) Guidelines do not describe which benefits shall be shared and how benefit sharing would work practically | ||
| (d) Lack of clarity in guidelines on whether direct or indirect benefits should be shared | ||
| (e) Poor or absent medical and patents laws and/or regulatory frameworks in most countries | ||
| (f) Organizations and policies provide inconsistent and incomplete frameworks, and none of them possess supra-national status, authority or enforceability | ||
| (g) Laws prohibiting sale of tissues may work against compensation of sample donors (misconstrued as payment) | ||
| (h) Non-committal language in legislation e.g. “may”, “could be considered” | ||
| (i) Non-reliance by states of international declarations e.g. Declaration of Helsinki by the United States of America | ||
| (j) Inability by ethics committees to enforce benefit sharing requirements | ||
| (k) Narrow focus on one kind of benefit e.g. post study obligations by international guidance documents precludes other benefits | ||
| (l) Explicit exclusion of human biological materials from CBD | ||
| (m) No means for redressing past injustices e.g. samples already shipped out | ||
| (n) Precedence provided by some court rulings in which specimen donors have been denied right to share in benefits from their genetic materials | ||
| Not current practice | (a) Superseded by other principles e.g. privacy, consent | [ |
| (b) No ethical precedence/ long-standing ethical tradition for paying/compensating donors of biological material | ||
| (c) Attitude: Seen as unworkable or idealist by detractors; even questioning the need for benefit sharing | ||
| (d) Scant attention to governance of benefit sharing | ||
| (e) Presumption that tissue donation is purely altruistic | ||
| (f) Benefit sharing is still poorly understood and implemented, including by many key research stakeholders, such as researchers, sponsors, regulators and, sometimes, ethics committees | ||
| (g) Guidelines, checklists and templates from most ECs and Institutional Review Boards (IRBs) do not include “benefit sharing” among the issues to be checked/reviewed | ||
| (h) Negotiations about benefit sharing not a part of informed consent processes | ||
| Undermining altruism | Focus on the sharing of financial benefits could attenuate people’s willingness to participate for idealistic reasons | [ |
| Expensive | Implementing benefit sharing could increase cost of doing biobanking and research | [ |
| Insufficient evidence to support/justify benefit sharing | (a) No empirical studies to demonstrate need for and how to execute benefit sharing in biobanking | [ |
| (b) Little empirical research on what types of benefit sharing arrangements members of the public may wish to see incorporated into biobank governance and regulatory frameworks | ||
| (c) Seems intuitive to compensate tissue donors when their samples lead to generation of revenue but there are no specific arguments for this | ||
| (d) Specific, strong arguments for financial compensation to individuals are hard to find | ||
| Procedural issues | (a) Who negotiates for benefit sharing? | [ |
| (b) How is community defined? | ||
| (c) How are representatives to negotiate benefit sharing selected given existing structures may be undemocratic or exclude certain members | ||
| (d) Need for inclusion of other interest groups e.g. religious leaders | ||
| Difficulty in quantifying contributions | (a) Donors vs donors: Should donors whose specimen can be directly attributed to intervention be the ones to be compensated? | [ |
| (b) Virtually impossible to determine the relative importance of any one sample to the overall success of the study | ||
| (c) Researchers vs donors: Does the sample provided by the specimen donor have inherent value or is value created by what the researcher does? | ||
| (d) Researchers vs researchers: How should benefits shared between providing entity/biobank and recipient entity/biobank. Also, researchers from low-income countries compared to those from rich countries |