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This article tries to explore the circumstances and conditions under which so-called genetically modified organisms (hereinafter referred to as "GMOs") are dealt with in the European Union.

This article tries to shed light on an important area of trade mark law in connection with a decision recently handed down by the European Court of First Instance (the "CFI"), more specifically with respect to the complex question of similarity between marks and confusion of the public.

The issue of whether inventions in connection with biological material are capable of being protected by registrable rights has been subject to extensive controversy and continues to be so today.