A re-examination of the plant variety act 2021 from the perspective of pre-exisiting obligation to protect plant varieties

Abstract

The paper examines the newly enacted Plant Variety Act in Nigeria in relation to the obligations of Nigeria to protect plant varieties. The paper views these obligations from different perspectives in the protection of diverse interest related to plant varieties. The paper finds that the Act offers an unbalanced protection of right which strongly protects the intellectual property rights of breeders without recourse to the other interest obligated to be protected by several international agreement which Nigeria is a signatory to especially farmers', communities and biodiversity interests. The paper advocates for an amendment of the Act to ensure a balanced and compliant legal framework for the protection of plant varieties in Nigeria.