World over, there has been renewed call for adoption of modern plant breeding system that requires improved techniques to achieve impactful crop yields especially as global community head towards achieving zero hunger of the Sustainable Development Goals (SDGs).
Generally, stakeholders in the agricultural sector believe that improved plant varieties remain the way to go if efforts to achieve food security in the face of 21st century blooming population is anything to go by.
This new breeding techniques and the intellectual property rights for plant breeders is no doubt, very imperative to build an economically sustainable and viable seeds sector in Nigeria.
To this end, the argument has been that traditional breeding systems can no longer guarantee productive yield coupled with the challenges of climate change that is hampering crops productivity.
According to findings, Nigeria needs six times more seeds than it currently utilises in order to fulfill its yield and production potential in agriculture.
Prior to the establishment of Plant Variety Protection (PVP) law, Nigeria suffered effective regulatory and institutional framework for the protection, regulation and enforcement of plant breeders’ rights due to the country’s non-signatory to the International Union for the Protection of New Varieties of Plants (UPOV) Convention.
However, without the law, it will be difficult for breeders to exploit such rights and in addition deprive them of access to high-quality new varieties especially the ones from foreign countries.
It is in line with these impedes and the ability of the sector to contribute to economic growth and food security that President Muhammadu Buhari assented to the Plant Variety Protection (PVP) Act in May 2021 which grants exclusive intellectual property rights to plant breeders over new plant varieties (Plant Breeders Rights).
The overall objective of the law among other things is to “promote increased staple crop productivity for smallholder farmers in Nigeria and encourage investment in plant breeding and crop variety development.”
For instance, in terms of varieties to be protected, the law is applicable to all plant genera and species, for which the following rights “shall” be protected; The breeder’s right “shall” be granted with respect to a variety which is new, distinct, uniform, and stable. The grant of the breeder’s right shall not be subjected to any further or different conditions, provided.
According to the law, breeders work will be protected from counterfeiting, plagiarism, and other forms of copying which is currently widespread in the country and with this breeder can now go to sleep as soon as his variety is accepted and registered by the council.
According to expert, PVP will attract new investment into the country’s seed industry and incentivise plant breeders while also giving national and multinational agribusiness investors the opportunity to make the best out of current agricultural situation by bringing on added values towards the development of Nigeria’s agriculture value chain.
Speaking on the development recently, director-general, National Agricultural Seeds Council (NASC), Dr Phillip Ojo, explained that the law provides economic benefits, such as varieties with improved yields which lead to reductions in the price of end-products for consumers, or improved quality leading to higher-value products with increased marketability; health benefits, for example through varieties with improved nutritional content, environmental benefits, such as varieties with improved disease resistance or stress tolerance and pleasure.
This development is primarily significant as it does not only serve the need for a secured investment in the improved seeds production sector but also create ample opportunity for breeder to develop seeds that can withstand climate change problems for a productive crop production.
Moreso, breeders and investors can leverage the law to upscale massive investments in the Nigeria’s seed industry as this new law demonstrates the country’s commitment in transforming agricultural production by encouraging global companies to invest in local seed business activities.
This is particularly important as Dr Ojo assured that the operationalisation of the Plant Variety Protection Law in the country will end worthless exploitation of breeders and resources as it provides legal intellectual property rights to plant breeders who develop new and improved seeds for increased crop production.
He said, “In the past, local plant breeders would seldom go the extra mile in furthering their research works towards developing new varieties of plants.
“They would rather align with international institutions, in which the benefits would go to the foreign institution. Although the local researcher and plant would have had his or her capacity built up, the benefits are limited, as there was a legislative framework to secure whatever they do in the country.
“This development retarded plant breeding activities in the country for a long time. Today you hear of Ife Brown, SAMPEA and other crop varieties released in the last twenty years without any follow-up. Where are our breeders today most of the breeding activities done in the country is in association with IITA or other foreign bodies who introduce our breeders to participate to allow for release in Nigeria.
“For a long time running, Nigerians have been doubtful of the emergence of new varieties of crops, especially food crops because they feel they are products of some researchers attached to some foreign companies abroad who want to exploit them as Guinea Pigs. This explains the resistance to the adoption of genetically modified food crops,” he added.
In a similar vein, stakeholders in this sector need to work in favour of conditions that will accelerate the implementation of the PVP.
In this regards, chief executive officer Nigerian Economic Summit Group (NESG), Laoye Jaiyeola said, the law will aid the fight against food scarcity threat as affordability, availability, and accessibility to nutritious foods is becoming increasingly difficult for 52 million Nigerians.
Speaking at a stakeholders’ implementation plans of the laws, Jaiyeola noted, “There is no doubt that the implementation of the PVP Act will position Nigeria to feed her growing population and equally attract foreign investments into the Seed sub-sector as well as enjoy the gains of intra- and inter-border trade opportunities in seed trade and exports.”
However, there is currently low level of sensitisation on the significance of the law to stakeholders and investors in this direction and if Nigeria is really serious about developing the sector, then the National Agricultural Seeds Council in 2023 needs to rise to the occasion and work with media to disseminate useful information that will bring about positive narratives of the PVP law.
