Examining plant variety protection in Nigeria

Realities, obligations and prospects

Titilayo Adebola (Corresponding Author)

Research output: Contribution to journalArticle

Abstract

Nigeria does not currently have a plant variety protection system. Three key reasons why Nigerian law and policy makers should pay attention to plant variety protection are the country's evolving agricultural sector, susceptibility to external pressures and pending international obligations. From 2010, successive Nigerian governments have promoted private sector investments in agriculture, contributing to the increase in the number of agribusinesses in the country. Agribusinesses tend to lobby for the introduction or reform of national plant variety protection systems to suit their business interests. Furthermore, as a founding member of the World Trade Organization (WTO), Nigeria has a pending obligation under Article 27.3(b) of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS) to protect plant varieties through a patent system, a sui generis system, or a combination of systems. This article argues that Nigeria should proactively introduce a plant variety protection system designed to suit its socio‐economic realities before it is pressured to adopt an unsuitable system. In assessing the options under TRIPS vis‐a‐vis the small‐scale centered agricultural sector in Nigeria, the article finds that the best‐suited option for the country is a sui generis system which protects the interests of both small‐scale farmers and agribusinesses.
Original languageEnglish
Pages (from-to)36-58
Number of pages21
JournalThe Journal of World Intellectual Property
Volume22
Issue number1-2
Early online date26 Sep 2018
DOIs
Publication statusPublished - 31 Mar 2019

Fingerprint

plant protection
Nigeria
obligation
agricultural sector
intellectual property
right of ownership
patent system
lobby
WTO
private sector
farmer
agriculture
reform
Law

Keywords

  • Access and Benefit Sharing
  • Farmers’ Rights
  • Nigeria
  • Pllant Breeder's Rights
  • Plant Variety Protection
  • TRIPS
  • farmers’ rights
  • plant variety protection
  • access and benefit sharing
  • plant breeder's rights

ASJC Scopus subject areas

  • Law

Cite this

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abstract = "Nigeria does not currently have a plant variety protection system. Three key reasons why Nigerian law and policy makers should pay attention to plant variety protection are the country's evolving agricultural sector, susceptibility to external pressures and pending international obligations. From 2010, successive Nigerian governments have promoted private sector investments in agriculture, contributing to the increase in the number of agribusinesses in the country. Agribusinesses tend to lobby for the introduction or reform of national plant variety protection systems to suit their business interests. Furthermore, as a founding member of the World Trade Organization (WTO), Nigeria has a pending obligation under Article 27.3(b) of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS) to protect plant varieties through a patent system, a sui generis system, or a combination of systems. This article argues that Nigeria should proactively introduce a plant variety protection system designed to suit its socio‐economic realities before it is pressured to adopt an unsuitable system. In assessing the options under TRIPS vis‐a‐vis the small‐scale centered agricultural sector in Nigeria, the article finds that the best‐suited option for the country is a sui generis system which protects the interests of both small‐scale farmers and agribusinesses.",
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