The Analysis and Assessment of Ethical Foundations for Open Source Biotechnology Legal Approach

Open Source Biotechnology Legal Approach’s aim is to apply open source principles in biotechnology field based on its nature and necessities. This article’s aim on the one hand is to assess the consistency of bioethics principles with Islamic principles and foundations and on the other hand to prove the capability of applying this legal approach in Iranian legal system ethically.

In this analytic study, firstly, we will have known open source legal approach by librarian resources and descriptive method. Secondly, after the assessment of capability of adaptability and applying bioethics principles and the necessary changes in this field, we will assess and analysis the adaptability of open source legal approach with bioethics principles.

Bioethic’s fourfold principles is consistent with the Islamic principles and foundations and is applicable in Iranian legal system if we apply some changes on them. The fundamental prerequisite of autonomy principle is perfect awareness. The most important elements of open source legal approach are the Facilitation of informing and the easy access and transaction of information, biomaterial and necessity tool these items with sharing procedure in aforementioned approach provides, in the most extreme level, efficient and effective procedure for obtaining the awareness of users in desired scope finally. Beside, this legal approach dissipates obstacles and restrictions which results in discrimination in the access of person to the biomaterials innovative information and necessity tools, as the most important obstacles for the autonomy principles. Along Beneficence and Nonmaleficence principles, the best method for the assessment of dangers and effects of innovation is the adaptation of information transactions tools or innovative information sharing networks, which is one of the open source legal approach. Based on the purposes and principles of open source legal approach we shall consider this approach along the fulfilment of justice principle in bioethics. Ethical Considerations: Bioethic’s fourfold principle justifies capability of enforcement of open source approach ethically.

Bioethics principles justify the capability of applying open source legal approach from Islamic ethic’s viewpoint.