Intellectual property and protection of traditional knowledge: options for Nigeria

Abstract

The main objective of this thesis is to assess the adequacy and suitability of the various options of protecting traditional knowledge in Nigeria and to provide an insight on the approach of customary law on the subject. The thesis employs mixed methods of research consisting of doctrinaire and socio-legal approaches. It examines various options of protection comprising the intellectual property regime, Convention of Biological Diversity and International Treaty on Protection of Plant Genetic Resources for Food and Agriculture. Other mechanisms analysed are the African Union Legislation on Protection of Traditional Knowledge of the Local Communities, Regulations on Protection of Varieties of Chinese Traditional Medicine and Indian Biodiversity Legislation. In general, the thesis argues that the conception of the relevant issues under the various options is inadequate and largely unreflective of the customary laws and norms of the Nigerian people. It argues in contrast that customary law provides adequate protection of traditional knowledge within the relevant communities, but its direct application beyond its local origin is confronted by a number of challenges. However, the research also observed that there are useful opportunities for convergence between the modern arrangements and customary laws in protecting the peoples’ traditional knowledge. Thus, the thesis suggests the need to revise the intellectual property regimes and to implement the modern options based on customary law as demonstrated with the application of the customs of the Yoruba people of Nigeria. It concludes that such approach to the implementation of protection will fully resolve all issues and concerns relating to protection of traditional knowledge in Nigeria.