|
Jurisprudential and Legal Analysis of Civil Liability of Genetic Modification Companies in the Application of CRISPR Technology
|
Mahdi Kohansal *    , Mohammad-Hassan Emamverdy |
| Law Department, Imam Reza International University, Mashhad, Iran , mahdi.kohansal@imamreza.ac.ir |
|
|
Abstract: (1556 Views) |
The civil liability of companies engaged in genetic modification, particularly in relation to the application of CRISPR technology to germline cells and human embryos, has gained importance due to the potential persistence of some genomic alterations and the need for careful scientific and legal assessment of their possible consequences. This study, employing a descriptive-analytical method based on library research, examines the foundations and elements of such liability from the perspectives of Imami jurisprudence and Iranian law, seeking to determine whether the general rules of civil liability are capable of addressing potential harms arising from the application of this technology. The findings indicate that the specific characteristics of genetic interventions, including the complexity of biological processes, the possibility of effects emerging over different time periods, and the need to consider potential intergenerational consequences, create challenges in establishing causation and determining the scope of liability. In contrast, the jurisprudential principles of lā ḍarar, itlāf, and tasbīb each provide a basis for analyzing liability within their specific domains. Among them, tasbīb may provide an appropriate basis for examining liability in cases where a company contributes to the creation of harmful conditions through defective design, inadequate supervision, or incomplete disclosure of relevant information. The novelty of this study lies in distinguishing the scope of application of these principles and proposing a multi-layered framework according to which therapeutic interventions in somatic cells may generally be assessed within a fault-based liability framework, while germline and embryonic interventions, considering their specific characteristics, may require mechanisms such as a modified burden of proof or, in limited cases, strict liability. In both situations, however, establishing harm and causation remains necessary. Accordingly, the development of specialized regulations consistent with the characteristics of emerging genetic technologies can contribute to their more responsible and safer application.
|
Article number: 12 |
| Keywords: Civil liability, CRISPR technology, Gene Editing, Imami jurisprudence, Iranian law. |
|
|
Full-Text [PDF 647 kb]
(314 Downloads)
|
Type of Study: Research |
Subject:
Divers
Received: 2026/03/19 | Accepted: 2026/06/22 | Published: 2026/06/22
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
