A Sui Generis approach solves the aff – shoe horning western conceptions of rights on indigenous knowledge is bad

3.6.2.1 Owing to the perceived difficulties of building new mechanisms that directly address indigenous peoples’ needs and expectations about knowledge use and control within the current intellectual property law framework, suggestions for an altogether different approach have been made. Sui generis law means of its own kind, that is, it is a unique law complete unto itself and often created when current and existing laws are inadequate. [78] 3.6.2.2 A significant issue in this area is that indigenous peoples must be constantly translating and transplanting their concepts into frameworks of rights that are not necessarily appropriate or that may not address their expressed needs. To the extent that indigenous knowledge can be protected through laws of intellectual property, this is only possible through concepts including property, ownership, works, monopoly privilege, exclusive rights, originality and individual authorship. 3.6.2.3 Proposals for sui generis legislation for the protection of indigenous knowledge and indigenous rights are slowly being crafted. [79] Countries like Peru and Panama have been at the forefront of developing national sui generis legislation. 3.6.2.4 There is often confusion about sui generis legislation, particularly in relation to how it does or does not fit into an intellectual property regime. The benefit of sui generis legislation is that it in no way has to resemble any current law, intellectual property or others. Thus it offers an opportunity for participation by indigenous people and flexibility in developing frameworks that deal with knowledge control, use and sharing. As Tobin and Swiderska comment: The role of a sui-generis regime could therefore be to establish a bridge between indigenous/local community and national and international legal systems, in order to secure the effective recognition and protection of rights which derive from customary law and practice. [80]