A CRITIC LECTURE OF THE EU TWO FACED APPROACH TO BIODIVERSITY: EQUAL GUARANTY OR MULTINATIONAL BIO-RAID? THE IMPORTANCE OF A SELF-RECONSIDERATION OF EU POLITICS IN BIODIVERSITY

European Union seems to have a two-faced approach to the Biodiversity. One of this is a support to the biodiversity defence by EU political position and now through EU law with direct effect, the Reg. n. 511/2014. On the other side, a limitation of certification and marketing of vegetable seeds as by European Court of Justice affirmed in the case C-59/11. The article aims to lay down an analysis for developing a juridical framework able to defend biodiversity, its guarantee, local and native population's benefit and jurisdictional prevalence of patents. This meanwhile expects that the EU institutions must "align" their two-faced approach to the Biodiversity in their legal system. To achieve these goals the paper analyses the nature of invalidity by contracts and mutually agreed terms if missing specific provisions for the fair and equitable sharing of the benefits arising from the utilisation of genetic resources or of the traditional knowledge associated with genetic resources. Thus, in the light of the legal framework described the paper studies how applying for the vegetable patent under the light of the aims of the Reg. EU n. 511/2014 despite no apt coordination between the Regulation itself and the system for the protection of plant variety rights established by EU legislation.