sui generis
Meaning. Of its own kind; unique and not fitting an existing category.
Used when a right, body or arrangement cannot be placed in any of the usual legal classes and must be judged on its own terms. Courts have described the Bar Council, certain statutory corporations, and the relationship between a Hindu idol and its shebait as sui generis. Plant variety protection is often called a sui generis system of intellectual property, distinct from patents.
Calling something sui generis is a conclusion that existing rules do not fit directly; the court must then explain which rules apply by analogy and which do not.
Example
Because the office of shebait combines duties of management with a beneficial interest, it has been described as sui generis.
In Indian law
- Protection of Plant Varieties and Farmers’ Rights Act, 2001 (a sui generis regime required by Article 27(3)(b), TRIPS)
See also
shebait · patent · corporate personality
Read more in the study notes
- Arbitration agreement and its drafting (Alternative Dispute Resolution Systems)
- Specific relief: nature, kinds and recovery of possession (Contract I)
- Unpaid seller and remedies for breach (Contract II)
- Electronic records, electronic signatures and e-governance (Cyber Law)
- Offences under the IT Act (Cyber Law)
- Cyber law: quick revision and practice (Cyber Law)