Food Security Through the Protection Plant Varieties: A Case for Nigeria

Authors : Aminu Waklek

Volume/Issue : Volume 5 - 2020, Issue 11 - November

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Nigeria currently has no intellectual propertybased plant variety protection system despite its obligation under the World Trade Organisation (WTO) TRIPS Agreement have one. The obligation as provided by Article 27(3)b is that WTO members must protect plant varieties through the option ofthe patent system, or the option of an effective sui generis system, orthe use of both in unison, which is a flexibility intended to grant freedom for each member to implement a system that suits its peculiar socio-economic situation. This articlecanvasses for a plant variety protection system for Nigeria to fulfil its obligation to the WTO, and because of its potentials to help Nigeria improve its agriculture, eradicate hunger and promote food security. It uses the doctrinal method to explore how best Nigeria and other similar nations canutilise TRIPS Agreement’s flexibility and realise its agricultural objectives through strategic implementation of its provision in Article 27(3)b.Itconcluded by suggesting that Nigeria should create its own bespoke system for plant varieties protection and not join the UPOV, despite recently submitting a draft plant variety protection bill to the UPOV for vetting which indicates an intention towards joining the UPOV

Keywords : Intellectual Property, Plant Varieties, Patents, Sui Generis System, Nigeria, TRIPS Agreement, Food Security, Flexibility, UPOV, Strategic Implementation.


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