The protection of traditional knowledge under the sui generis regime in Nigeria

Abstract

ABSTRACT Africa is a continent that is rich in biodiversity of which Nigeria is not exempted. It depends on the environment for basic survival needs and such knowledge can be used for the provision of food, medicines, cosmetics, to breed better crops, livestock and generally, to shape the ecosystem. There is the danger that biological resources will be depleted which raises concerns on the loss of the habitat and livelihoods of indigenous communities who have nurtured and used these resources for generations. In a bid to ensure that traditional knowledge is preserved, some African countries have taken the urgent step to develop their own specific legislation, which is the sui generis legislation. The paper examined the nature of sui generis protection under Nigerian law in line with intellectual property rights and customary law. The paper thereby concluded by reiterating that Nigeria, as a matter of urgency, should enact a sui generis law.