Sui generis means "of one's or its own kind." See the Oxford English Dictionary. In law this is a term of art to identify a legal classification that exists independently of other categorisations because of its uniqueness. See Dunway v New York, 442 US 200 (1979).
Sui generis means original system of its own kind
Sui generis. (Latin) literally means ‘of its own kind’, or unique.26
Examples of Sui generis in a sentence
Harrow's Charges are: Residential (Use Class C3) - £110 per sqm; Hotels (Use Class C1), Residential Institutions except Hospitals, (Use Class C2), Student Accommodation, Hostels and HMOs (Sui generis)- £55 per sqm; Retail (Use Class A1), Financial & Professional Services (Use Class A2), Restaurants and Cafes (Use Class A3) Drinking Establishments (Use Class A4) Hot Food Takeaways (Use Class A5) - £100 per sqm All other uses - Nil.
Harrow's Charges are: Residential (Use Class C3) - £110 per sqm;Hotels (Use Class C1), Residential Institutions except Hospitals, (Use Class C2), Student Accommodation, Hostels and HMOs (Sui generis)- £55 per sqm;Retail (Use Class A1), Financial & Professional Services (Use Class A2), Restaurants and Cafes (Use Class A3) Drinking Establishments (Use Class A4) Hot Food Takeaways (Use Class A5) - £100 per sqmAll other uses - Nil.
Sui generis plant variety protection is available in many countries.
For more information, see Graham Dutfield forthcoming: “The Potato Park as a Sui generis system for the protection of traditional knowledge”.
Sui generis protection lasts for 15 years as from completion (or making available within this term) of the database (see Article 10.1-2).
More Definitions of Sui generis
Sui generis means of its own kind’ and can be a modification of existing IP regimes to cover something previously unprotected or under-protected. It can also be an alternative to conventional IP regimes, which is specifically adapted to the peculiarities of TK: Swiderska K ‘Traditional knowledge protection and recognition of customary law: Policy issues and challenges’ 2004 IIED Background Paper 4, 20-21.
Sui generis means “unique”, “of its own kind”
Sui generis means "appropriate to the situation" (Armstrong & Ford 2005)related to ITK misappropriation is the conspicuous lack of African content on the Internet often times attributed to poor publishing cultures, low penetration of the Internet, language barriers, among other factors. The Carnegie Reporter added another dimension, vulnerability of Africa’s indigenous content in the electronic environment. The contemporary copyright system is not suitable for effective protection of indigenous resources hence disinclination towards digitization of ITK- related research by African scholars. The paper was motivated by the need to examine Africa’s digitalization initiatives in education and research environments in relation to protection of ITK-related scholarship. Based on a non-scientific survey of selected Ugandan University libraries, the paper assess extent to which digital technology is used in preservation of indigenous resources and knowledge. Interviews with digital or ICT librarians explored extent to which copyright promotes, or hinders, usage of digital preservation technology and sharing of indigenous resources in their institutions. Institutional policies were inspected in relation to digital resources. In addition, a review of relevant literature was conducted to trace related activities in other African university libraries. Ultimately, the goal was to further the debate on the role of university libraries in promoting ITK-related research through digital means in legally and technologically secure environments.First, the paper examines the world of ITK exploring key operative concepts ‘indigenous’ and ‘traditional’ followed by a brief discussion on ITK, copyright and digitization, and ITK in African Universities. Finally the paper presents a brief study of Ugandan institutions on ITK digitization and access policies. It concludes with some recommendations for university digitization initiatives.2. Indigenous and traditional – definitional issuesKey operative terms ‘indigenous’ or ‘traditional’ are problematic in the African and other contexts where attempts are being made to preserve and protect indigenous resources. Problematizing indigenous and traditional is not meant to downplay the importance of the subject in regards to communities in question or scholarly endeavors, but demonstrate the complex nature of the phenomenon. Traditional essentially means “to hand down” or “hand over” (Wikipedia 2006a). Traditional knowledge (TK), therefore, is knowledg...
Sui generis means of its own kind/genus or unique in its characteristics, an idea, an entity or a reality that cannot be included in a wider concept. Materials prepared by M. Jonathan HayesConrad, Rubin & Lesser v. Pender, 289 U.S. 472 (1933) Issue: Does the bankruptcy referee have jurisdiction to order a law firm to return part of a retainer to the estate when the payment was made to the firm for the purpose of avoiding the bankruptcy completely?Holding: Yes. The code provides for re-examination pay prepetition payments made in contemplation of bankruptcy.Chief Justice Charles Evans Hughes The debtor paid $2,500 on November 5, 1930 to a law firm to help it negotiate a settlement with its creditors, raise the funds to pay the settlement and give it advice re an equity receivership proceeding or an assignment for the benefit of creditors type proceeding. It is alleged there was no intent to file a bankruptcy petition. An involuntary petition was filed against the debtor 12 days after the payment to the firm. The code provided at the time for “re-examination of payments or transfers when made by a debtor(1) 'in contemplation of the filing of a petition by or against him,' (2) 'to an attorney . . . ,' and (3) 'for services to be rendered.' Such payments or transfers are only to 'be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate.'” The firm argued that the payment was not in contemplation of bankruptcy and therefore the referee had no jurisdiction to “re-examine” it. They argued the purpose of the payment was to avoid bankruptcy. The referee ordered $2,000 of the retainer returned to the estate. The District Court and Court of Appeals affirmed agreeing that the payment was “in contemplation of bankruptcy.”The Supreme Court affirmed.The manifest purpose of the provision is to safeguard the assets of those who are acting in contemplation of bankruptcy, so that these assets may be brought quickly and without unnecessary expense into the hands of the trustee, and to provide a restraint upon opportunities to make an unreasonable disposition of property through arrangement for excessive payments for prospective legal services.Undoubtedly, while the question thus relates to the debtor's motive, the nature of the services which he seeks and for which he pays may be taken into consideration as it may throw light upon his motive. Materials prepared by M. Jonathan Hayes[N]ego...
Sui generis is a Latin term which broadly means something is “a class of its own”. In planning, it means that a use is not in any use class and planning permission is generally needed for it to change to any other use.
Sui generis means that the EU is not comparable with any other existing structure.
Sui generis means a system of rights that is unique, “of its own kind”, for a specific item or technology. However, the Agreement on TRIPs does not define sui generis. Although several attempts have been made, the term has not been defined in TRIPs negotiations.