Intellectual property rights, agricultural biotechnology and food sufficiency: strengthening the Nigerian intellectual property legal framework for food self-sufficiency in the aftermath of a global pandemic

Abstract

ABSTRACT This article focuses on the imperatives of self-sufficiency in food production in Nigeria from the experience of the COVID 19 pandemic, and examines the role of intellectual property rights (IPRS) in boosting productive capacity. While the different types of IPR protection standards remain relevant to the overall goal of food self-sufficiency in respect of the different activities and outputs along the food value chain, the main emphasis of the article is on patent and plant varieties protection (PVP) in connection with agricultural biotechnology. The article is library-based and explains the meaning and import of food self-sufficiency, the factors responsible for the weak capacity for food self-sufficiency in Nigeria in particular, and other African countries vis-à-vis potentially enabling factors. It also examines the strength and weaknesses of the current IP laws in Nigeria, and how Nigeria could repurpose or improve her laws to achieve the objective of food self-sufficiency. The article found that IPRs are relevant in boosting greater efficiency and productivity of Nigerian agriculture to strengthen food self-sufficiency, but the current IPR framework are not designed to circumvent the perils and leverage the benefits of IPRs that would help unlock the potential of the sector for food self-sufficiency.