Authors :
Aminu Waklek
Volume/Issue :
Volume 5 - 2020, Issue 11 - November
Google Scholar :
http://bitly.ws/9nMw
Scribd :
https://bit.ly/2HgNImv
Abstract :
Nigeria currently has no intellectual propertybased plant variety protection system despite its
obligation under the World Trade Organisation (WTO)
TRIPS Agreement have one. The obligation as provided
by Article 27(3)b is that WTO members must protect
plant varieties through the option ofthe patent system, or
the option of an effective sui generis system, orthe use of
both in unison, which is a flexibility intended to grant
freedom for each member to implement a system that
suits its peculiar socio-economic situation. This
articlecanvasses for a plant variety protection system for
Nigeria to fulfil its obligation to the WTO, and because
of its potentials to help Nigeria improve its agriculture,
eradicate hunger and promote food security. It uses the
doctrinal method to explore how best Nigeria and other
similar nations canutilise TRIPS Agreement’s flexibility
and realise its agricultural objectives through strategic
implementation of its provision in Article
27(3)b.Itconcluded by suggesting that Nigeria should
create its own bespoke system for plant varieties
protection and not join the UPOV, despite recently
submitting a draft plant variety protection bill to the
UPOV for vetting which indicates an intention towards
joining the UPOV
Keywords :
Intellectual Property, Plant Varieties, Patents, Sui Generis System, Nigeria, TRIPS Agreement, Food Security, Flexibility, UPOV, Strategic Implementation.
Nigeria currently has no intellectual propertybased plant variety protection system despite its
obligation under the World Trade Organisation (WTO)
TRIPS Agreement have one. The obligation as provided
by Article 27(3)b is that WTO members must protect
plant varieties through the option ofthe patent system, or
the option of an effective sui generis system, orthe use of
both in unison, which is a flexibility intended to grant
freedom for each member to implement a system that
suits its peculiar socio-economic situation. This
articlecanvasses for a plant variety protection system for
Nigeria to fulfil its obligation to the WTO, and because
of its potentials to help Nigeria improve its agriculture,
eradicate hunger and promote food security. It uses the
doctrinal method to explore how best Nigeria and other
similar nations canutilise TRIPS Agreement’s flexibility
and realise its agricultural objectives through strategic
implementation of its provision in Article
27(3)b.Itconcluded by suggesting that Nigeria should
create its own bespoke system for plant varieties
protection and not join the UPOV, despite recently
submitting a draft plant variety protection bill to the
UPOV for vetting which indicates an intention towards
joining the UPOV
Keywords :
Intellectual Property, Plant Varieties, Patents, Sui Generis System, Nigeria, TRIPS Agreement, Food Security, Flexibility, UPOV, Strategic Implementation.
