Intellectual Property Protection for Indigenous Knowledge in Nigeria: Legal Challenges in Cross River State

📖 ABSTRACT/OVERVIEW

Indigenous knowledge systems encompassing traditional medicine, agricultural practices, and cultural expressions represent a significant yet legally underprotected heritage in Nigeria. Cross River State, in the South South geopolitical zone, is home to diverse ethnic communities whose indigenous knowledge assets are increasingly at risk of biopiracy, misappropriation, and commercial exploitation without consent or benefit sharing. This research examines the legal challenges associated with protecting indigenous knowledge under Nigeria's existing intellectual property framework, focusing on the Copyright Act, Patent and Designs Act, and relevant provisions of the Convention on Biological Diversity. A qualitative descriptive methodology was employed, with data gathered through interviews with traditional knowledge holders, cultural practitioners, and intellectual property lawyers in Calabar and Obubra local government area. Secondary sources include WIPO reports, NAFDAC publications, and academic studies from 2019 to 2024. The findings reveal that existing IP legislation is inadequate to protect the collective, intergenerational, and non-commercial nature of indigenous knowledge. There is an absence of a dedicated sui generis legal framework that would grant communities enforceable rights over their traditional knowledge assets. Recommendations include the enactment of a national indigenous knowledge protection law, establishment of a community-managed IP registry, and ratification of the Nagoya Protocol obligations into domestic legislation. This study contributes to the growing interdisciplinary discourse on IP law and cultural heritage in South South Nigeria. Keywords: indigenous knowledge, intellectual property, Cross River State, biopiracy, sui generis protection.

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Departments# Law