DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW

AUTHOR – WAQUI ANWAR &JAYESH KUMAR

STUDENTS AT AMITY UNIVERSITY, PATNA

BEST CITATION – WAQUI ANWAR &JAYESH KUMAR, DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 274-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Intellectual Property Rights (IPR) have evolved from a traditional framework of patents, copyrights, trademarks, and industrial designs to include a spectrum of rights recognized through sui generis protections. The term sui generis, meaning “of its own kind”, refers to legal mechanisms designed specifically to safeguard subject matters that do not fit neatly within the contours of classical IPR regimes. The proliferation of new technologies, the recognition of indigenous knowledge, biodiversity concerns, plant varieties, semiconductor chips, and databases have necessitated specialized legal structures. This research paper examines the conceptual foundation and historical development of sui generis systems, their necessity in modern intellectual property discourse, and their interaction with global norms, especially under the TRIPS Agreement. The paper explores the evolution of sui generis protection mechanisms in multiple domains, evaluates their strengths and limitations, and analyses how diverse jurisdictions—including India, the United States, and the European Union—have crafted distinct approaches. It further highlights contemporary debates around data governance, artificial intelligence innovations, bio-digital genetic resources, and the challenges of harmonization. Ultimately, the paper demonstrates that sui generis systems reflect the dynamism of intellectual property law and serve as a crucial bridge between traditional legal instruments and emerging socio-economic realities