Legal Appraisal of Traditional Knowledge as Aspects of Intellectual Property Regime in Nigeria

Abstract

Nigeria is a country that is indigenous in nature and a bio-diverse nation. Indigenous communities possess extensive knowledge passed on from generation to generation, and much of that knowledge is traditional in nature. This knowledge is a reflection of their cultural and religious traditions and practices which have existed for a long time and have been evolving from time to time. Traditional knowledge which is an aspect of intellectual property rights have been in existence prior to the evolution of formalised intellectual property system which evolved under the territorial, international and global era. This article seeks to analyse the effectiveness of legal platform like the formalised intellectual property system, customary law and biodiversity strategy policies at play when it comes to traditional knowledge. This article will address issues as to whether the new copyright framework have helped to guarantee protection for the indigenous communities over their creations. The article concluded that the indigenous communities despite the existence of legal frameworks are still deprived of absolute control over their biological resources and the benefits accruing thereof. This article recommended the need for a robust sui generis traditional knowledge system that will take cognisance of customary law of the indigenous communities and a biodiversity policy that will ensure fair and equitable sharing of benefit for the indigenous communities.

 

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