INTELLECTUAL PROPERTY PROTECTION FOR FOOD SECURITY IN NIGERIA: AN OVERVIEW OF THE NIGERIAN PLANT VARIETY PROTECTION (PVP) ACT 2021

Abstract

Food security is an aspect of security in Nigeria and the African continent that cannot be overlooked as it maintains not only the wellbeing of individual citizens but the very peaceful existence of the nation. In May 2021, the Plant Variety Protection Act 2021 was signed into law in Nigeria to protect plant breeders' rights in their new plant varieties, encouraging investment in plant breeding and crop variety development and established a Plant Variety Protection Office for the promotion of increased staple crop productivity for smallholder farmers in Nigeria. This piece of legislation has expanded the scope of intellectual property protection in Nigeria and promoted the concept of Farmers Rights or the Farmers’ Privilege over novel or improved propagating and harvested materials. The innovative agribusiness man, scientist, researcher, business corporation, community etc. is rewarded for the time, resources and efforts he put in producing an improved variety while others have an incentive to introduce even more options into the food basket in diverse growing conditions. The Act also has the advantage of making Nigeria an investment destination for persons in agriculture where the provisions of the law are applied equitably and in accordance with international standards. This paper makes an overview of the basic provisions of the Plant Variety Protection Act, 2021, expounding on the legal requirements for protection for rights owners; analyzing portions of the legislation that may become tripping points in the system and advancing suggestions for the improvement of the present regime such as ensuring adequate appellate jurisdiction for grievances, support for small scale farmers in applying for protection, protection of traditional agricultural processes, encouragement of research in agricultural research, continued legal education inter alia. The Act is a veritable means of protecting national security in Nigeria and the African continent.