Legal Implications of New Genomic Techniques from Vineyard to Glass: GMO Regulation, Plant Variety Rights, Plant Reproductive Material and Geographical Indications

Abstract

This paper provides a comprehensive analysis of the legal implications of New Genomic Techniques (NGTs) “from vineyard to glass” in the European Union (EU). NGTs promise to address sustainability challenges in the wine sector by enhancing grapevine resilience while preserving varietal identity. Yet their use in the EU remains legally complex. The paper explains their treatment under the current framework for genetically modified organisms and the ongoing reform proposal aimed at establishing a separate regime for NGT-derived plants. It then examines how NGTs challenge the legal notion of “variety” that underpins the regimes for Plant Variety Rights, Plant Reproductive Material and Wine Law. Finally, it discusses legal options to accommodate NGTs while protecting market structures and varietal heritage. It argues for an autonomous definition of variety in wine law that better reflects the expectations of both producers and consumers.