Traditional Knowledge and the Nigerian Intellectual Property Framework: Towards a Sui Generis Protection Regime?

Traditional knowledge (TK) and traditional cultural expressions (TCEs) also referred to as indigenous cultural expressions (ICEs)‟, are invaluable assets for Nigeria‟s indigenous communities, underpinning cultural identity, biodiversity conservation, socioeconomic wealth and sustainable development. However, Nigeria‟s current intellectual property (IP) framework, rooted in Western legal traditions, inadequately protects these communal resources, leaving them vulnerable to misappropriation and bio-piracy. Adopting a doctrinal, comparative and qualitative legal research design, this study examines the limitations of Nigeria‟s existing IP laws in safeguarding TK and TCEs. The doctrinal method analyses Nigeria’s IP statutes and case law; the comparative method draws on sui generis models from other jurisdictions; and qualitative analysis of secondary literature on indigenous community practices supplies indigenous perspectives on customary knowledge governance. The study finds that Nigeria‟s copyright, patent and trademark regimes cannot accommodate the collective, perpetual and orally-transmitted character of TK and TCEs, leaving communities without effective legal recourse against misappropriation. The study recommends legislative reform establishing a sui generis framework that recognises collective, community-based ownership of TK and TCEs; statutory benefit-sharing mechanisms; formal integration of customary law and community governance structures into the protection framework; and domestication of relevant international instruments, such as the Nagoya Protocol, to strengthen Nigeria’s legal defences against bio-piracy. It concludes that effective preservation and equitable use of Nigeria’s traditional knowledge heritage requires a dedicated sui generis regime grounded in community participation and ethical access, rather than continued reliance on conventional IP instruments.

Keywords: Traditional Knowledge, Traditional Cultural Expressions, Sui generis, Folklore, Intellectual property.