A “sui generis” system simply means “one that is of its own kind1”. In this case it refers to the creation of a new national law or the establishment of international norms that would afford protection to intellectual property dealing with genetic resources -or biodiversity - and the biotechnology that might result.

Why do we need sui generis protection?

The sui generis regime of Peru was established by Law No. 27, 811 of 2002, whose objectives are to protect TK, to promote fair and equitable distribution of benefits, to ensure that the use of the knowledge takes place with the prior informed consent of the indigenous peoples, and to prevent misappropriation.

Which is a sui generis right?

The sui generis right prohibits the extraction or re-utilisation of any database in which there has been a substantial investment in obtaining, verifying or presenting the data contents. Thus there is no requirement for creativity or originality.