Use of any IP system other than sui generis robs indigenous communities of their knowledge
Wekesa 06 [Dr. Moni Wekesa taught law at Catholic University of Eastern Africa, Mount Kenya University and now at Daystar University, is a Visiting Professor of Law at the Kigali Independent University, Rwanda where he participates in the teaching and supervision of postgraduate Law students, and is also on the Roll of Senior Scholars of Lusaka University School of Law, 2006, “What is Sui Generis System of Intellectual Property Protection?”, https://atpsnet.org/wp-content/uploads/2017/05/technopolicy_brief_series_13.pdf, accessed 7/11/24]staghi
The need for a sui generis form of IPRs was recognized early enough. Any procrastination in this area opens a window of opportunity for biopiracy and misappropriation especially of plant genetic resources. Moreover, such procrastination is dealing a death blow to the dream of conservation and sustainable use of plant genetic resources. It can also not be said that the absence of a sui generis system means many communities are being robbed not only of their TK but also of their inheritance. Closely connected to this is that the countries lose a lot of revenue which they actually need for their own further development. It is, therefore, recommended that countries move with speed to put in place sui generis systems of IPRs. In so doing, the broader aim should be to plough back some benefits of TK to communities, biodiversity conservation and to ensure sustainable use of the resources.