Considerazioni dall'angolo visuale dei diritti di proprietà industriale sulla cisgenesi e sul genome editing applicati agli organismi vegetali

The vegetable field research has been enriched in recent years of new breeding techniques providing alternative and hopefully more efficient techniques than the traditional breeding and selection of plant organisms. Among these techniques the cisgenesis and the genome editing have earned the attention from the government Authorities, so much so that the Italian Ministry of Agriculture, Food and Forestry recently decided to allocate some financial resources for their development. The paper, after exploring the different kinds of results that can derive from the application of cisgenesis and genome editing into the vegetable field, tries to shed light on the implications that may arrive by the legal protection of these results. One issue, in particular, that is predominate in the reflection conducted in the text, in other words the risk - which is also supported by the decision of the EPO’s Enlarged Board of Appeal known as "Tomatoes / Broccoli II" of 2015 - an overlap of IPRs on the same biological material, either by plant variety right or by patent.