What Is a Sui Generis in Law

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In sociology, sui generis is what has been externalized, then internalized in the general public, and becomes a part of society that simply exists in its construction. It`s not something you don`t think was created because it`s integrated into the way everyone thinks and is. Examples are the idea of loving or going to school or clothes that belong to a certain sex. These examples are sui generis because they simply exist in society and are widely accepted without thinking about their origin or how they were created. [18] However, in many countries, there are sui generis laws that extend intellectual property protection to materials that do not meet the characteristic definitions: integrated circuit diagrams, ship hull drawings, France fashion designs, databases or plant varieties require sui generis statuses because of their unique characteristics. The United States, Japan, Australia and many EU countries protect the topography of semiconductor chips and integrated circuits under sui generis laws that borrow certain aspects of patent or copyright law. In the United States, this sui generis law is known as the Semiconductor Chip Protection Act of 1984. A book, movie, TV series, or other artistic creation is called sui generis if it doesn`t fit the standard boundaries of the genre. Film critic Richard Schickel identifies Joe Versus the Volcano as a sui generis film. [4] Film critic Michael Brooke used the term to describe Fantastic Planet, a 1973 French-Czech sci-fi animated film directed by René Laloux. [5] Typically, the term sui generis is used by courts to refer to a single case, legal concept or doctrine. When citing cases and other authorities, lawyers and judges may refer to “a sui generis case” or “a sui generis authority”, meaning that this is a special case limited to its own facts and therefore may not have a broader application.

If a case is sui generis, it means that it is so unique that its underlying raison d`être may not be interpreted broadly. A court may indicate that a case is sui generis if its unambiguous reasoning does not apply to the principles of stare decisis. “The Indian Treaty is unique in that it is a sui generis agreement that is neither created nor terminated under the rules of international law.” Examples of sui generis use include embassies, theaters, arcades, laundromats, taxi or vehicle rentals, gas stations, landfills, nightclubs, car dealerships, retail warehouses, clubs, and inns. [10] According to this legal definition, sui generis is defined as a single legal concept or protection. For example, you can use sui generis in a sentence as follows: Sui generis (/ˌsuːi ˈdʒɛnərɪs/ SOO-ee JEN-ər-iss,[1] Latin: [ˈsʊ.iː ˈɡɛnɛrɪs]) is a Latin expression that means “of its own kind, in a class of its own”, so “unique”. [2] In law, it is an art concept used to identify a legal classification that exists independently of other categorizations, either because of its singularity or because of the specific creation of a claim or obligation. [6] For example, a court`s contempt powers derive sui generis and not from the law or rule. [7] The New York Court of Appeals has used this term to describe co-operative housing corporations, primarily because this form of housing is considered real estate for certain purposes and personal property for other purposes. [8] You can use the term sui generis as an alternative to the term “unique”.

For example, a law in road traffic law may require that large vehicles be considered separately from other vehicles. The word big is ambiguous in itself, but can be considered heavy. Therefore, the relevant legislation (in Australian law) includes a section entitled Terms or definitions used, which lists all words considered ambiguous and conveys specific interpretations in accordance with natural language. So this list tells us that heavy vehicle means a vehicle with a GVM greater than 4.5 tons, and GMM means the gross mass of the vehicle, the maximum loading mass of the vehicle. Other explanations cover various contingencies. Thus, large equals heavy and is (for this single case) clearly defined sui generis. The legal status of the Holy See has also been described as a sui generis entity that has an international personality. Licensing of private car rental operators (taxi companies) by local authorities is often subject to the condition that these premises obtain the appropriate building permit for the sui generis change of use to ensure that these companies cannot legally act without the appropriate building permits. In local government, a sui generis entity is an entity that does not fit into the general scheme of a country`s local government. For example, in England, the City of London and the Isles of Scilly are the two Sui Generis cities, as their forms of local government are both very different (for historical or geographical reasons) from those in the rest of the country.

At a press conference where reporters tried to analyze his political personality, Huey Long said: ” say I`m s sui generus, and let him be there. [14] A similar case that led to the use of the sui generis label is New Caledonia`s relationship with France, as New Caledonia`s legal status may rightly lie somewhere between a French overseas community and a sovereign nation. Although there may be other examples of such a status for other dependent or disputed territories, this arrangement is unique in the French field. In political philosophy, the unprecedented development of the European Union compared to other international organisations has led to its designation as a sui generis geopolitical entity. The legal nature of the EU is widely debated because its mix of intergovernmental and supranational elements means that it shares characteristics with confederal and federal entities. It is generally regarded as more than a confederation but less than a federation,[12] and is therefore not rightly classified as an authority in either of the two political forms. Compared to other international organisations, the EU is often seen as sui generis because its legal system categorically rejects the application of retaliatory sanctions by one Member State against another. [13] The UK Town Planning Act, particularly with respect to the Town and Country Planning (Use Classes) Order 1987, divides many common types of land use into specific “use classes”. A change in the use of land in a use category does not require a building permit; However, moving from one use category to another may require a building permit, and eligibility is still required if the new use is sui generis. The motto “Sui Generis” was adopted by the Akitsiraq Faculty of Law because it is a sui generis (Indigenous) title in all Aboriginal law institutions in Canada, as its title is Inuktitut, the Aboriginal language of the Inuit in Canada`s far north. More importantly, in Indigenous legal education, Indigenous work to define and create contemporary Indigenous education is an issue of its kind, which includes sui generis admissions and a sui generis curriculum.

[9] Sui generis is something unique and of its own kind or class. In the taxonomic structure “genus → species”, a species is called sui generis if its genus was created to classify it (i.e. its uniqueness at the time of classification merited the creation of a new genus, the only member of which was originally the species sui generis). A species that is the only surviving member of its genus (e.g. genus Homo) is not necessarily sui generis; The extinction has eliminated other congenerian species. For example, when the court reinterprets a legal concept, it may use the term sui generis to indicate that this interpretation is unique. For example, a judge may say that the interpretation of a case is sui generis or that a particular legal term is sui generis. In order to rule on a case pending before it as a stare decisis, a court may conclude that the proposed case is sui generis and is therefore not applicable under the principles of stare decisis. This case leads the court to a sui generis interpretation of the law The Joint Municipal Council of Croatia is a sui generis municipal council in the east of the country, formed under an international agreement to protect the rights of the ethnic Serb community in the region and, as such, is unique in Croatia. [15] [16] [17] In general, intellectual property protection extends to intellectual creations in order to encourage innovation and depends on the nature of the work and its characteristics. [Citation needed] The main types of intellectual property rights are: copyright, which protects creative works; patent that protects the invention; a trade secret that protects information that is generally not known or easily identifiable and that is valuable to the secret holder; and the trademark that protects the brand image and other exclusive features of the goods and services.