TRIPS 'sui generis' and Other International Treaties
Any sui generis system should be compatible with the relevant obligations and principles laid down in other international instruments.

Compulsory licensing
According to Article 31 of the TRIPS Agreement, under certain conditions, member states in their sui generis systems may allow any body, the use of subject matter of a patent without the authorization of the right holder. This provision is described as 'compulsory licensing'. However, this may be allowed only 'to prevent the abuses, which might result from the exercise of the exclusive rights' {Art. 2 (1) of TRIPS and Article SA (2) of Paris Convention}.

However, Article 31 of TRIPS sets out the following conditions, under which compulsory licences may be granted: (i) each case shall be considered on its individual merits; (ii) prior to granting compulsory licence, negotiations for voluntary licence shall take place;

Compulsory licences may be needed in developing countries, if patented products are imported or else if there is a likelihood of exploitation due to monopoly. In the PVP and FRA draft prepared by Indian Government, a provision for compulsory licence has been made and approved, although it was resisted earlier by the seed industry.