Examining plant variety protection in Nigeria: Realities, obligations and prospects

Nigeria does not currently have a plant variety protection system. Three key reasons why Nigerian law and policy makers should pay attention to plant variety protection are the country's evolving agricultural sector, susceptibility to external pressures and pending international obligations. From 2010, successive Nigerian governments have promoted private sector investments in agriculture, contributing to the increase in the number of agribusinesses in the country. Agribusinesses tend to lobby for the introduction or reform of national plant variety protection systems to suit their business interests. Furthermore, as a founding member of the World Trade Organization (WTO), Nigeria has a pending obligation under Article 27.3(b) of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS) to protect plant varieties through a patent system, a sui generis system, or a combination of systems. This article argues that Nigeria should proactively introduce a plant variety protection system designed to suit its socio‐economic realities before it is pressured to adopt an unsuitable system. In assessing the options under TRIPS vis‐a‐vis the small‐scale centered agricultural sector in Nigeria, the article finds that the best‐suited option for the country is a sui generis system which protects the interests of both small‐scale farmers and agribusinesses.