PATENTING HUMAN GENES: ETHICAL AND LEGAL CONSIDERATIONS: USING NIGERIA AS A CASE STUDY

Abstract

This research examines the complex ethical and legal dimensions of patenting human genes in Nigeria, a country with extraordinary genetic diversity yet limited regulatory framework to address this emerging issue. The study analyzes the current Nigerian legal landscape, primarily governed by the Patents and Designs Act of 1970, which predates modern biotechnology and contains no specific provisions regarding genetic material patentability. It explores Nigeria's obligations under international agreements including TRIPS, the Convention on Biological Diversity, and regional intellectual property organizations, highlighting tensions between these commitments. The research investigates unique ethical considerations arising from Nigeria's colonial history, religious perspectives, cultural values, and traditional knowledge systems, which all inform attitudes toward the commodification of human biological materials. It assesses the healthcare implications of gene patenting in a system already challenged by access issues, while considering potential benefits for local biotechnology development and research funding. The study evaluates recent initiatives like the National Biotechnology Development Agency and participation in the H3Africa consortium, which have intensified the need for coherent policies on genetic resource ownership and benefit-sharing. Through comparative analysis of evolving global approaches to gene patenting, particularly landmark cases like Association for Molecular Pathology v. Myriad Genetics, the research identifies potential models for Nigeria. It examines public awareness gaps and the need for inclusive deliberative processes in policy development. The study concludes by proposing a balanced framework that protects Nigeria's genetic heritage while promoting scientific advancement, suggesting specific legislative reforms, ethical guidelines, and benefit sharing mechanisms tailored to Nigeria's unique context. This research contributes to an understudied aspect of biotechnology regulation in Africa's largest economy, offering insights relevant to other developing nations navigating similar challenges at the intersection of genomics, intellectual property, and public interest.