The agricultural sector is an important sector in Nigeria, with great potential to drive significant growth to the economy. There are various opportunities in the sector to create value which are largely untapped.
One of these opportunities is with respect to the value that can be derived from the protection of Intellectual Property ( “IP”) arising from innovative works- such as improved plant varieties, new food processing technology amongst other novel works- developed by players in the agricultural sector.
Intellectual Property Protection in Nigeria’s Agricultural Sector
In view of the foregoing, we have set out some IP protections available for innovative works in the agricultural sector to enable players in this space explore protecting their creative works and derive investment value amongst other value, from such protections.
Plant Variety Protection (PVP)
One of the most significant developments in Nigeria’s agricultural IP landscape is the Plant Variety Protection Act (the “Act”) 2021. This legislation grants breeders the right to protect their IP in new plant varieties they develop. With protection under this Act, a breeder has the exclusive and sole right to reproduce, export, or license their proprietary right in the protected varieties.
The Act also grants the breeder exclusive proprietary rights to the plant variety developed for a duration of 20 years. With this protection, the breeder will for a period of 20years from the date of registration, have the sole right to grant licenses to third parties to use the plant variety and obtain payment for granting such right. The breeder may also attract investments for his or her unique IP in the plant variety.
Patenting of Novel Agricultural Technology
Another form of protection available to stakeholders in the agricultural sector is a Patent. The sector can benefit from protecting novel technologies, such as novel food processing machines, mechanized farming tools and techniques by obtaining a Patent for such technologies.
An inventor who obtains a Patent for his or her agricultural technology invention will have exclusive proprietary right to the invention for up to 20 years. This means that where third parties wish to use the technology, they will have to obtain a license or similar rights from the inventor to use or reproduce that technology and make payments to the inventor for the grant of such rights.
It should be noted that a duly registered Patent has the potential to increase the investment value of the inventors business and drive investment to the business.
Protecting Trade Secrets and Trademarks
Another IP which can drive value to players in the agricultural sector is the Trade secret of the business such as formulas, business process, techniques and other confidential information that have played a key role in the success of the business.
Such Trade secrets are valuable and can increase the investment value of businesses. Accordingly, Trade secrets should be guarded carefully to ensure they are not freely available in the public domain. To safeguard Trade secrets, businesses must implement confidentiality measures, this may include non-disclosure and confidentiality clauses in agreements with potential investors, employees or consultants..
The Trademark of the agriculture business and products is also valuable intellectual property which should be carefully guarded by registering the trademark at the Trademark registry. Please see our newsletter here for more information with respect to trademarks.
Geographical Indication (GI)
Although Nigeria is yet to enact legislation protecting Geographical Indications, it is useful to note its potential to drive value to Nigeria.
Geographical Indications (GIs) are products originating from specific locations which can be registered by representatives of a country in relevant registries as IP of that country. For instance, “Champagne” is registered as a GI for France, “Argan” Oil for Morocco and “Darjeeling” tea for India.
Certain Nigerian products, like “Ijebu Garri” or “Amala,” could benefit from GI registration as they have gained international recognition and should be protected as IP belonging to Nigeria.
It is important that our policymakers establish a framework for the registration of Nigeria GIs at international trademark offices and within Nigeria.
GI registration would help distinguish Nigerian agricultural products in the global food supply chain and create economic opportunities for the country’s agricultural sector. It would also prevent foreign competitors from marketing products as Nigerian-origin, thereby securing an exclusive market for Nigeria’s agricultural sector.
Conclusion
By effectively protecting IP, the Nigeria’s agricultural sector can drive innovative research, increase productivity, and create opportunities for employment. There is also the need for policy makers to provide the framework that would encourage registration of GI in various international trademark offices thereby providing distinction and marketability for Nigerian specific product in the global food supply chain.
