The Legal Protection of Traditional Knowledge and Biodiversity Rights in Plateau State

📖 ABSTRACT/OVERVIEW

Traditional knowledge held by indigenous and local communities in Plateau State, North Central Nigeria, including medicinal plant knowledge, agricultural practices, and cultural expressions, faces misappropriation by commercial entities without adequate legal protection. This study examines the legal framework for the protection of traditional knowledge and associated biodiversity rights in Plateau State, evaluating the effectiveness of the National Environmental Standards and Regulations Enforcement Agency Act, the Copyright Act 2022, and Nigeria's obligations under the Nagoya Protocol on Access and Benefit-Sharing. Using a qualitative research design, the study conducts in-depth interviews with 30 community leaders, 20 herbal medicine practitioners, and 15 intellectual property lawyers in Jos and surrounding communities. Findings reveal that while Nigeria has signed international instruments for the protection of traditional knowledge, domestic implementing legislation remains inadequate, and communities are rarely informed of or compensated for the commercial use of their knowledge. The study further examines how biotechnology companies have accessed traditional plant remedies in Plateau State without community consent. Comparative analysis with the South African Traditional Knowledge Act and the Indian Biological Diversity Act informs the reform proposals. Recommendations include a sui generis traditional knowledge protection system, mandatory benefit-sharing agreements, and community knowledge registers. Keywords: traditional knowledge, biodiversity, intellectual property, Plateau State, Nagoya Protocol

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Departments# Private Law