Protecting Indigenous Knowledge And Traditional Medicine Under Intellectual Property Law In Nigeria

INTRODUCTION

Traditional knowledge (TK) is crucial for preserving cultural heritage and practices, especially in Nigeria, where the intersection of culture, law, and modernity complicates the protection of Indigenous knowledge and traditional medicine. These practices, including medicinal herbs and agricultural techniques, form the foundation of local health systems. However, globalisation and commercialisation raise concerns about preserving these traditions. TK, particularly in traditional medicine, holds cultural and scientific value, but without protection under intellectual property (IP) law, traditional practitioners are vulnerable to exploitation, such as bio-piracy by pharmaceutical companies.

This article explores the importance of protecting TK in Nigeria and the challenges associated with the protection indigenous rights under the Nigerian Intellectual Property Law. It also provides recommendations for improving TK protection and management.

WHAT IS TRADITIONAL KNOWLEDGE?

Traditional Knowledge (TK) refers to the accumulated knowledge, skills, and practices passed down through generations within a community. It includes a wide range of fields such as agricultural techniques, ecological insights, medicinal remedies, biodiversity-related practices, and even elements of language like names and symbols.¹ The World Health Organization (WHO) defines traditional medicine as the sum total of the knowledge, skills and practices based on theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health, as well as in the prevention, diagnosis, improvement or treatment of physical and mental illnesses.²

DEFINITION OF INTELLECTUAL PROPERTY

Intellectual property rights (IPRs) provide legal protections for creators, granting them exclusive rights to their creations or discoveries for a set period, covering patents, copyrights, trademarks, and trade secrets. Indigenous intellectual property, however, encompasses the unique knowledge, practices, beliefs, and philosophies specific to indigenous cultures. When traditional knowledge is taken from these communities, they lose control over its use. This knowledge, developed over centuries, is deeply rooted in their customs, traditions, and connection to the land. Indigenous peoples have the right to protect their intellectual property and prevent its misuse or exploitation.³

IMPORTANCE OF PRESERVING TRADITIONAL KNOWLEDGE

The justifications for TK protection have been expressed in its economic value. The need to protect TK is also essential to prevent bio-piracy, safeguard the rights of communities and TK holders, and ensure the preservation of cultural identities. TK represents valuable knowledge developed over generations, often in the form of biological resources, herbal medicines, and technologies. Safeguarding it promotes sustainable development, supports traditional practices, conserves biodiversity, and protects the environment.⁴ Additionally, TK protection encourages legitimate research and development partnerships, attracts investment, and ensures that the benefits derived from this knowledge are returned to the communities, boosting both local and national economies. Ultimately, protecting TK ensures cultural preservation and sustainable use of resources for long-term societal benefit.⁵

THE PROTECTION OF TRADITIONAL KNOWLEDGE UNDER NIGERIAN INTELLECTUAL PROPERTY LAW

There is an increasing need to protect TK from misappropriation, especially since it is often unwritten, unregistered, and shared openly, making it vulnerable to bio-piracy.⁶ Bio-piracy involves the unauthorised use of traditional knowledge or biological resources for commercial gain, without acknowledgement or compensation to the original custodians. In Nigeria, with its rich biodiversity, there is a growing call for regulation to ensure responsible use of natural resources and equitable benefits.⁷ Some progress has been made, such as the inclusion of provisions of Article 8(j) from the Convention on Biological Diversity (CBD) in Nigeria's Copyright Act⁸ which defines and protects folklore against unauthorised reproduction, performance, broadcasting, and adaptation for commercial purposes. Other initiatives include the Nigeria Natural Medicine Development Agency (NNMDA) established in 1977, which documents and promotes traditional medicinal knowledge through a Digital Virtual Library that contains a comprehensive national inventory of Medicine, Medicinal, Aromatic and Pesticidal Plants (MAPPs), and the Trademark Act, which recognises collective rights and ownership.⁹

Additionally, laws such as the NAFDAC Herbal Medicine Regulations 2019 and the 2007 Traditional Medicine Policy aim toward integrating traditional medicine into the national healthcare system, protecting traditional medicine and ensuring fair benefit-sharing. The policy aligns with international agreements like the Convention on Biological Diversity (CBD) and TRIPS¹⁰ agreements, as well as regional frameworks, to ensure the protection and equitable use of traditional knowledge globally.¹¹ However, Nigeria still lacks a clear legal structure for the full protection and economic utilisation of TK, and urgent action is needed to establish comprehensive laws to protect and harness TK for cultural and economic advancement.

THE CHALLENGES IN INTELLECTUAL PROPERTY AND THE PROTECTION OF TRADITIONAL KNOWLEDGE

1. Incompatibility with Existing IP Laws & Misalignment with Collective Nature: Nigeria's intellectual property laws, which focus on individual ownership, fail to protect TK due to its communal nature. The existing IP systems do not align with the collective ownership and transmission methods of TK, leaving it vulnerable to exploitation.¹²
2. Resistance to Government Regulations & Trade Secret Protection Challenges: Indigenous communities resist government regulations, fearing that they undermine communal ownership. Additionally, protecting TK as a trade secret is challenging because the informal, communal nature of knowledge transmission does not suit modern legal tools like non-disclosure agreements.¹³
3. Inadequate Awareness, Education & Documentation Challenges: Many traditional medicine practitioners lack awareness of intellectual property rights, leading to unintentional loss and exploitation of TK. Additionally, oral transmission of knowledge complicates documentation, making it difficult to provide the necessary evidence for legal protection.¹⁴
4. Limitations of the 2022 Copyright Act: The 2022 Copyright Act protects expressions of folklore, restricting their commercial use without permission from the Nigerian Copyright Commission. However, it does not involve indigenous communities directly in decision-making or ensure they benefit from the commercialisation of their knowledge. This could lead to the exploitation of indigenous knowledge without equitable benefit-sharing.¹⁵
5. Lack of a Sui Generis System and Potential for Bio-Piracy: Nigeria lacks a specialised legal framework (sui generis) for the protection of TK, unlike countries such as South Africa and India, which have developed tailored legal protections. This gap in Nigeria's intellectual property laws leaves traditional knowledge, especially medicinal knowledge, vulnerable to bio-piracy. Despite Nigeria's rich biodiversity and the significant role of TK in medicine, there is no effective system in place to prevent the exploitation of this knowledge.¹⁶
6. Challenges of the Traditional Medicine Policy 2007: Although the 2007 Traditional Medicine Policy recognises the importance of traditional medicine in Nigeria's healthcare system, it faces challenges such as poor enforcement, limited funding, and inadequate infrastructure for documenting and researching traditional medicinal knowledge.¹⁷

RECOMMENDATIONS FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE (TK) IN NIGERIA:

1. Legislative Protection of TK as a Primary Right: legislation should prioritise the protection of TK as a vital cultural, human, and economic right, emphasising its communal nature. Bio-piracy should be treated as a serious offense with punitive measures, and specific laws should be introduced to safeguard traditional trade secrets and ensure equitable benefit-sharing for indigenous communities.¹⁸
2. Clearance and Ethical Oversight for Bio-Prospectors: Establish mandatory ethical clearance and clearance procedures for bio-prospectors before accessing local communities. This ensures lawful, ethical methods are used when collecting TK, with the involvement of regulatory agencies such as National Institute for Pharmaceutical Research and Development to oversee the process.¹⁹
3. Community-Based and Customary Law Protections: The law should facilitate community-based management of resources, empowering local communities to protect their TK. Policies should respect and integrate the diverse customary laws of Nigeria's communities, offering tailored protections that align with local traditions²⁰.
4. Sui Generis Legislation and Specialised Framework: Introduce sui generis (unique) laws specifically designed for TK, addressing its unique nature rather than following conventional intellectual property models. The legal framework should be comprehensive, detailing different aspects of TK protection and ensuring a tailored approach to each area of TK.²¹
5. Documentation of Traditional Knowledge: Proper documentation of TK, especially traditional medicine, is essential for IP considerations, protecting the knowledge from misuse while retaining control within communities,²²
6. Establishment of a Dedicated TK Commission and Coordination: A dedicated commission should be established to oversee the documentation, registration, and enforcement of TK protection. Coordination between government agencies, local authorities, and customary leaders is essential to ensure effective and culturally relevant implementation of TK protection policies. Courts should have the authority to issue orders to protect TK, ensuring judicial oversight.²³

CONCLUSION

In conclusion, protecting Traditional Knowledge (TK) in Nigeria is vital for safeguarding the cultural and economic interests of indigenous communities. Whilst initiatives like the amendment of the Copyright Act, the establishment of the Nigerian Natural Medicine Development Agency and the 2007 Traditional Medicine Policy have made progress, gaps remain in the legal framework. Existing intellectual property laws, which focus on individual ownership, do not suit the communal nature of TK, leaving it open to exploitation. A tailored legal framework is needed to protect TK, to prevent bio-piracy, and ensure fair compensation for communities. Additionally, enhancing awareness, improving enforcement, and involving local communities in decision-making will be crucial in preserving Nigeria's rich traditional knowledge and fostering innovation.

Footnotes

1. Richard U. Oyiwona& Zion Machem Lashom (2025) "The Need for Protection of Traditional Knowledge under the Nigerian Intellectual Property Framework'', Journal of Customary and Religious Law, Vol. 2(1), 16-17.

2. WIPO, ''Intellectual property and traditional medical Knowledge'' (Background Brief No. 6), 1.

3. Michael C. Ogwezzy (2012) "Protection of Indigenous or Traditional Knowledge under Intellectual Property Laws: An Examination of the Efficacy of Copyright Law, Trade Secret and Sui Generis Rights", ICLR, Vol.12 (No 1), 7-8.

4. Richard U. Oyiwona& Zion Machem Lashom (2025) "The Need for Protection of Traditional Knowledge under the Nigerian Intellectual Property Framework'', Journal of Customary and Religious Law, Vol. 2(1), 17.

5.Kasim Musa Waziri, Ph,D & Awomolo Omotayo Folasade (2014) "Protection of Traditional Knowledge in Nigeria: Breaking the Barriers", Journal of Law, Policy and Globalization, Vol.29, (ISSN 2224-3259) 178. www.iiste.org.

6. Ibid.

7.Ck Uwadineke & Ck Ezeama, (2019) "Protecting Traditional Knowledge/Secrets under intellectual property law: A comparative Analysis of the Adequacy" NAUJCPL VOL 6(1), 105.

8. Section 74 of the copyright Act 2022.

9. Richard U. Oyiwona& Zion Machem Lashom (2025) "The Need for Protection of Traditional Knowledge under the Nigerian Intellectual Property Framework'', Journal of Customary and Religious Law, Vol. 2(1), 21.

10. Otherwise referred to as Trade-Related Aspects of Intellectual Property Rights.

11. The Traditional medicine policy for Nigeria 2007.

12. Richard U. Oyiwona& Zion Machem Lashom (2025) "The Need for Protection of Traditional Knowledge under the Nigerian Intellectual Property Framework'', Journal of Customary and Religious Law, Vol 2(1), 18.

13. Ibid

14. Kasim Musa Waziri, Ph,D & Awomolo Omotayo Folasade (2014) "Protection of Traditional Knowledge in Nigeria: Breaking the Barriers", Journal of Law, Policy and Globalization, Vol.29, (1SSN 2224-3259) 178. www.iiste.org

15. Nneka Chioma Ezedum (2024) "Legal Protection of traditional knowledge in medicinal plants in south-East Nigeria: A case study of NSUKKA", African Journal of law and Human Rights (AJLHR), 8(1), 29.

16. Richard U. Oyiwona& Zion Machem Lashom (2025) "The Need for Protection of Traditional Knowledge under the Nigerian Intellectual Property Framework'', Journal of Customary and Religious Law, Vol 2(1), 19.

17. Abdullahi Bukhari & Yahaya Isah Shehu, ''The structure and Policy of Traditional Medicine in Nigeria: A Review'', IOSR Journal of Pharmacy and Biological Sciences, vol 16. (ISSN:2278-3008), 17-18. www.Iosrjournal.Org

18. Ck Uwadineke & Ck Ezeama (2019) "Protecting Traditional Knowledge/Secrets under intellectual property law: A comparative Analysis of the Adequacy" NAUJCPL VOL 6(1), 109.

19. Ibid, 110.

20. Kasim Musa Waziri, Ph,D & Awomolo Omotayo Folasade (2014) "Protection of Traditional Knowledge in Nigeria: Breaking the Barriers", Journal of Law, Policy and Globalization, Vol.29, (1SSN 2224-3259) 184. www.iiste.org

21. Ibid,185.

22. WIPO, ''Intellectual property and traditional medical Knowledge'' (Background Brief No. 6), 6.

23. Kasim Musa Waziri, Ph,D & Awomolo Omotayo Folasade (2014) "Protection of Traditional Knowledge in Nigeria: Breaking the Barriers", Journal of Law, Policy and Globalization, Vol.29, (1SSN 2224-3259) 185. www.iiste.org

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