The development of the CJEU case law in plant variety rights

Abstract

Plant Variety Rights (or Plant Breeders Rights) involve fundamental aspects of day-to-day life “not limited” to food consumption, access to biodiversity, safeguard of agriculture, incentive of varietal improvement to the benefit of society. The present article will (try to) offer an excursus of the recent developments in the EU case law, assessing the particular regime of Plant Breeders Rights, especially with regard to “traditional” rights as Patents, Trademarks and Designs, with reference to the Judgments of the General Court and the Court of Justice of European Union according to the rules set forth in the EU Regulation No. 2100/94 the International Union for the Protection of New Varieties of Plants.