Viorel Roș*
Ciprian Raul Romițan**
Andreea Livădariu***

Abstract

For over 30,000 years, humans, themselves the product of evolution (probably also a genetic accident or an experiment) or of Divine creation, have joined Nature and Divinity to obtain new varieties of plants and animal breeds, to determine improvement, the evolution of plants and animals according to their needs for better, more, better quality food. And they have created in turn the dog, the cow, the wheat and the domestic rice. For over two centuries they have been doing it according to the laws of genetics. For half a century, after the "secret of life" (DNA) was discovered, people have been doing it in a scientific way and with amazing results, creating not only new varieties of plants and animal breeds, but also new medicines and new methods of treatment, healing procedures. Research and obtaining new plant varieties and new animal breeds are costly, human and financial efforts are lengthy, and the results, when positive, are beneficial. The investments and activity of those involved in creating new varieties must be rewarded. Recognition of a special right in favor of creators of new varieties (the ones we are dealing with here) is the solution. But what is the right? The one regulated today is a sui generis one. Something between the patent and the trademark that protects a new product, but which also has... a distinctive character! The right to designations of origin and geographical indications is often used for protecting not novelty, but tradition and quality provided by environmental and human factors, and this system is a sui generis one. We are trying to identify its origins. With an ingression into the theories about the emergence of life and the evolution of species and the manipulation of this evolution by humans, to understand why, when, and how we have started and where we are. And how plants have influenced our lives. Evolution. How we have contributed to their change for the benefit of life.

* Profesor universitar dr. Universitatea „Nicolae Titulescu”, Facultatea de drept; avocat coordonator SCA „Roș și Asociații”; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..
** Lector univ. dr. Universitatea „Româno-Americană”, Facultatea de drept, avocat partener SCA „Roș și asociații”; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..
*** Asistent univ. drd. Universității „Nicolae Titulescu”, avocat SCA „Roș și Asociații”, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

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