Protection of Traditional Knowledge and its Relevance to National Economic Growth and Development in Nigeria

Nneka Ezedum
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Abstract

Nigeria is a country that is richly blessed with abundance of natural resources, good vegetation and fertile soil for cultivation. The country also has diverse ethnic groups, culture and customs. This way of life of the people can be perceived in the activities, traditions and customs that have been handed down to them by their forefathers. Overtime, communities expanded and there was influx of people to the different communities in the country. These people become exposed to this way of life and they benefit from it individually and collectively. This information or knowledge acquired is generally utilized by others without the local or indigenous communities benefitting in any form from their cultural heritage. It is general knowledge that intellectual property protects the activities of the intellect or mental faculty. Could this traditional knowledge (TK) of the people require protection under intellectual property? Would it not be appropriate that these people are recognized as the custodians of the TK? Their consent sought before usage, and benefits arising thereof be given to them on prior agreed terms. This will further strengthen the economic system of the society. Doctrinal research method was used in this work, and reliance was placed on both primary and secondary source of information as the work discussed the need for protection of traditional knowledge (TK), the progress made so far and the challenges to providing proper legal and institutional framework for protection of TK.
尼日利亚传统知识的保护及其与国家经济增长和发展的关系
尼日利亚是一个自然资源丰富、植被茂盛、土壤肥沃的国家。这个国家也有不同的民族、文化和习俗。人们的这种生活方式可以从他们的祖先传给他们的活动、传统和习俗中看出。随着时间的推移,社区扩大了,人们涌入了这个国家的不同社区。这些人接触到这种生活方式,他们个人和集体都从中受益。获得的这些信息或知识通常被其他人利用,而当地或土著社区却没有从其文化遗产中以任何形式受益。众所周知,知识产权保护智力或心智能力的活动。人民的这种传统知识是否需要知识产权保护?这些人被认为是传统知识的保管人,这难道不合适吗?在使用前征求他们的同意,由此产生的利益应按事先商定的条件给予他们。这将进一步加强社会经济体系。本工作采用理论研究方法,在讨论保护传统知识的必要性、迄今取得的进展以及为保护传统知识提供适当的法律和制度框架所面临的挑战时,既依赖一手资料,又依赖第二手资料。
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