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ARTICLE · 16 OCTOBER 2024

Understanding Breeders' Rights

Generally, the law of intellectual property regulates the legal rights over certain kind of property which are developed by the exertion of the creative intellect.

NigeriaIntellectual Property

Introduction

Generally, the law of intellectual property regulates the legal rights over certain kind of property which are developed by the exertion of the creative intellect. Traditionally, intellectual property law deals mostly with the laws of copyright, patents, trademarks, and industrial designs However, in this modern age, the legal circumference of intellectual property has transcended beyond this traditional quadruplicity. Today, a discussion of intellectual property will normally involve topics like geographical indications, trade secrets, utility models, artificial intelligence, and more recently, plant varieties.

Until 2021, Nigeria did not have any specific law on plant varieties. At best, the only mention of plant varieties under Nigerian law was the provision of Section 1(4) of the Patents and Designs Act 1971 which totally disqualified plant varieties from patent protection. The alternative source of law would be international law on the subject,

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