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Sui generis solves – it’s the most effective system to reversing the flaws of the IPR system for Indigenous communities.

Smolinski 23 (Tomasz G. Smolinski, Ph.D., J.D., is a Professor of Computer Science at Delaware State University in Dover, Delaware, where he serves as the Head of the Computational Intelligence, Biological, and Legal Informatics (CIBiLI) research laboratory, “ARTICLE: A Proposal for a Model Indigenous Intellectual Property Protection Tribal Code (MIIPPTC), 22 Tribal L.J. 3”, 06/01/2023, https://advance-lexis-com.proxy.lib.umich.edu/api/permalink/3191a3a9-13a5-45bd-b909-1a6e12fa39db/?context=1516831, L/N) jm

The Need for Sui Generis Tribal Laws Governing Indigenous Intellectual Property Rights. As the previous two sections demonstrate, the current, mainstream IP protection regimes are insufficient to adequately protect the uniqueness, vastness, and complexity of Indigenous traditional ecological knowledge. Accordingly, there undoubtedly is a need for sui generis legal regimes designed to protect Indigenous intellectual property rights that fall outside of the standard patent, trademark, copyright, and trade secret doctrines.50. Importantly, despite the otherwise valid criticisms about their potential unenforceability on outsiders, these intellectual and cultural protection regimes [*11] must be driven by tribal laws.51. After all, tribes "are in the best position to determine whether and/or how to reveal culturally sensitive information."52. Importantly, not only would this "allow [I]indigenous peoples ... to finally control the integrity, disposition, and appropriation of their sacred knowledge,"53. but also to "exercise[e] their inherent authority to define tribal laws and be governed by them."54. If properly implemented, such tribal laws could be incorporated into the Anglo-American jurisprudence, which would not only afford "weight and legitimacy to [these] tribal law[s]," but also "provide[] an opportunity to infuse the dominant legal system with [I]indigenous conceptions of justice," specifically in the context of the protection of Indigenous intellectual property.55.

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