Breaking the Silence on Plant Variety Protection in Nigeria

Unlike its West African neighbour, Ghana, where there is a flurry of debates around plant variety protection (PVP), there is silence on the subject in Nigeria. This silence is note-worthy because Nigeria has pending obligations under Article 27.3(b) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to introduce a PVP system. However, the silence should not be equated with absolute legislative inactivity around the subject in the country. Indeed, from 2006, there have been unsuccessful attempts to introduce a PVP system through intellectual property (IP) law reforms. The silence refers to the limited discourse, debates and engagements on PVP. This piece contributes to breaking the silence around PVP in Nigeria by discussing the current legal landscape for plant varieties, ongoing attempts to introduce a PVP system and suggestions for a suitable system.