A legal perspective on body implants for therapy and enhancement

This paper focuses on the regulation of body and neural implants used in healthcare. The current state of these ICT body implants is outlined, and the adequacy of the relevant legal regime regulating these implants is assessed in light of the ongoing scientific and technological advances in this field. Regulatory gaps are discussed, with a particular emphasis placed on clinical investigations with brain computer interfaces and advanced prosthetics, in order to better understand whether such gaps reduce innovation and act as an institutional barrier that diminishes the opportunities for the development of valuable technologies. Finally, the divide between therapy/treatment and enhancement/augmentation is examined in order to distinguish between the various kinds of body implants, in terms of the rules they ought to comply with and the limits that ought to be set.