NEW RULES VISITING THE OLD PRACTICE: A CASE FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE IN NIGERIA

Abstract

Nigeria, a country with vast cultural and biological diversity, is a reservoir of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs). This intangible heritage, encompassing traditional medicine, sustainable agriculture, folklore, and artistic designs, is at the heart of the identity, livelihood, and sustainable development of its numerous indigenous and local communities. But this old and valuable tradition is also casually laid open to biopiracy and misappropriation, a weakness created and sustained by a national intellectual property (IP) system that is not just outdated but institutionally ill-suited to the nature of TK. This article argues that the current IP regime in Nigeria, based on Western notions of individual ownership and novelty, not only fails to safeguard TK but also promotes its exploitation. Using doctrinal research methodology, the paper critically examines the shortcomings of the Nigerian Copyright Act, the Patents and Designs Act, and the Trademarks Act in this regard. It then turns to the “new rules” essential global instruments, such as the Nagoya Protocol on Access and Benefit-Sharing and the landmark 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. These instruments echo a global tilt towards a community-based, rights-based framework for the protection of TK. Drawing lessons from those models and successful sui generis experiences elsewhere in developing countries, the article recommends that Nigeria needs to embrace holistic sui generis legal and institutional reform rather than fragmented reform. Such a regime, the article argues, is not merely a requirement of legal propriety but also imperative for the protection of cultural identity, guarantee of social justice, and unlocking of the sustainable development potential of Nigeria's living heritage.