Options for a 'Sui Generis' System as an IPR, Microorganisms, National Treatment

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	Options for a 'Sui Generis' System as an IPR Under Article 27(3)b of TRIPS agreement under the aegis of WTO, member states have been allowed to exclude from patentability inter alia plants and animals, other than microorganisms. However, the agreement required member states to provide for the protection of plant varieties either 'by patents or by an effective sui generis System or by any combination thereof'.
A broad range of possible sui generis systems are actually available, so that once a member state decides not to allow patents for plant varieties, it may exclude all plants (including plant varieties) or only plant varieties from such patentability. One should realize that if only plant varieties are excluded, plants, other than plant varieties, can still be patented. National treatment As an IPR, any sui generis system needs to comply with the basic principle of national treatment, which means that the members have to accord to the nationals of other member countries, the treatment no less favourable than they accord to their own nationals with regard to the protection of plant varieties.
However application of the principle of national treatment to the sui generis system makes it far less attractive for WTO members to join UPOV, because the benefits available as members of UPOV will be automatically available due to the application of national treatment.