3.The CP is extremely distinct from the aff – prefer intent to exclude
Kazeeva 24 [Iana Kazeeva is a postdoctoral researcher at the Department of Innovation and Digitalisation in Law at the University of Vienna. She studied international commercial and tax law in Moscow and holds a Candidate of Sciences degree (Ph.D. equivalent) in international financial law (dissertation on fiscal decentralization). Prior to joining the Department, she worked at the Mountain View office of a California-based public software-as-a-service company, primarily engaged in reviewing and negotiating technology and commercial contracts. She also gained practical experience as a senior legal counsel at the legal department of a global producer of mineral fertilizers, focusing on project finance and legal compliance. At the Department, the primary focus of her research is on intellectual property, data security, and data protection law., Sui Generis Intellectual Property Protection Comparison of EU and U.S. Regulatory Perspectives in Law, Business and Innovation, ALB]
Suthersanen points out that sui generis intellectual property rights emanate from the inability of legislators and jurists to stretch the existing instruments of the intellectual property regime to accommodate new things to protect. Although sui generis rights incorporate an “ad hoc mixture of copyright, patent or trade mark principles”, it would be not correct to suggest that they are merely derivative instruments of the standard instruments of intellectual property protection that we use today. In fact, Suthersanen notes that some of the sui generis intellectual property rights have had long legislative histories and previously played important roles in textile industry, agriculture, mechanical product industries, as the modern notion of intellectual property was slowly evolving. Some of the early examples of sui generis intellectual property rights include the laws on protection of academic compilations in Prussia, regulations protecting geographical indications in China, etc.38