THE PROTECTION OF TRADITIONAL KNOWLEDGE IN NIGERIA’S COPYRIGHT LAW

OSITA, ONYINYE RITA

Abstract


The concept of intellectual property and the protections granted under intellectual property law in today’s globalised world have largely followed a Western view of intellectual property rights. Over the years, there has been a growing recognition of the importance of protecting traditional knowledge under Nigeria's copyright law. Traditional knowledge, which includes indigenous knowledge and cultural expressions, is often at risk of being exploited without consent or compensation. However, many countries, including Nigeria, are beginning to recognize the importance of protecting traditional knowledge. In Nigeria, traditional knowledge is often passed down through generations and plays a significant role in the cultural identity of various communities. As a result, there is a growing movement to incorporate provisions for the protection of traditional knowledge within Nigeria's copyright law to ensure that these valuable cultural assets are safeguarded for future generations. Concerns about the piracy of the intellectual creations of traditional communities the world over have projected the issue of protecting traditional knowledge into the Nigerian Copyright arena. In response to these concerns, Nigeria has started to incorporate provisions in its copyright law to protect traditional knowledge. This includes recognizing the rights of indigenous communities over their intellectual creations and implementing measures to prevent the unauthorized use or reproduction of traditional knowledge. This project adopted the doctrinal research method to analyze the legal framework surrounding traditional knowledge protection in Nigeria. The research focused on reviewing the relevant laws and regulations, as well as examining case studies of disputes involving traditional knowledge. Through this method, the project was able to provide valuable insights into the effectiveness of current legal protections and identify areas for improvement. The research among other things, revealed that there are gaps in the legal framework that leave indigenous communities vulnerable to exploitation of their traditional knowledge and that there is a lack of awareness among both indigenous communities and government officials about the importance of protecting traditional knowledge. It was also discussed that there is a need for stronger enforcement mechanisms to prevent unauthorized use of traditional knowledge. Recommendations were made to strengthen existing laws and regulations, such as by implementing stricter enforcement mechanisms and increasing community involvement in decision-making processes. Overall, the project emphasized the importance of preserving and respecting traditional knowledge for the benefit of both present and future generations. By addressing these issues, Nigeria can better safeguard the cultural heritage and intellectual contributions of its indigenous communities, as incorporating traditional knowledge into copyright law can contribute to the promotion of cultural diversity and the empowerment of Nigeria's indigenous peoples.

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