PROTECTION OF BREEDERS’ RIGHTS UNDER THE PLANT VARIETY PROTECTION ACT OF NIGERIA

Abstract

Nigeria is rated as the most populated African country. The implication of this is shortage of food among other resources within the populace. Beyond population growth, there are other challenges that confront humanity that would spell doom for food supply if not tackled. Farmers and Plant breeders utilize their skills to give succour to the populace through plant breeding activities. Research institutes are also set up to improve on plants sequel to climate change and other forms of challenges. Plant breeding is therefore a form of innovation that deserves legal protection like other intellectual works. Though international agreements/law specifically the International Union for the Protection of New Varieties of Plants (UPOV) Convention exists to regulate plant breeding activities by giving exclusive rights to breeders upon fulfilment of required conditions, Nigeria is not a signatory to such international Convention which rendered breeders and researchers in Nigeria vulnerable to intellectual scavengers and economic saboteurs. Gratifyingly, in recent times, the country produced her first Plant Variety Protection Act, 2021 sequel to the TRIPS Agreement to which she is a party. This is a qualitative study that utilizes doctrinal method of research to explore the provisions of the Act vis-a-vis the international standard set with a view to assessing the worth of the Act. It further highlights the need to cater for local communities whose traditional knowledge may be utilized in plant research and development. It recommends access to UPOV and an intentional implementation of the Act.