EVALUATION OF THE LEGAL FRAME WORK FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE IN NIGERIA

Traditional knowledge remains a gold mind yet uncharted for obvious reasons ranging from government inability to see viable prospect in it and on the other hand the traditional knowledge holder’s in aptitude to efficiently protect this knowledge from predators and imitators who exploit this knowledge with no incentive or benefit sharing. These and so many other reasons have compelled me to embark on this research. In Nigeria, there has also arisen a strong desire for the application of some of the aspects of Traditional knowledge in the entire spectrum of human development particularly in the areas of health, social and political lives, education. Traditional knowledge is also garnering international attention, hence the need for harnessing its positive potentials/values for the good of the indigenous people and local communities, who are generally the owners/inventors. Despite the advantages and gains of traditional knowledge and the practice of its system, there seem to be obvious threats towards its existence and as well as marginalization unauthorized production and misappropriation of the traditional knowledge of indigenous people without permission and acknowledgment of the owners of that knowledge. This research primary objective is to identify these threats, critique the extent laws, if any, in Nigeria and attempt solutions to the inadequate national and regional legal frameworks. The researcher has adopted the doctrinal research method by relying on and making reference to exiting statutory provisions, case laws relevant to the subject. This also involves the analysis of relevant textbooks, journals, articles and electronic materials available online.it is obsessed rather unfortunately, there seem to be a near dearth of legal protection of Traditional knowledge in Nigeria with very little hope for the future The research also identified the challenges and concerns hindering the protection of traditional knowledge as well as practical observations relating to the application of customary laws. The works of renowned authors and protagonists on the subject were also critiqued thus bringing to the fore a humble analysis and recommendations on the way forward. This research work recommends the evaluation and the use of customary law as a positive alternative for the protection of traditional knowledge pending the adoption of the extant international and regional legislations on the protection of traditional knowledge, taking into context the dynamic and pluralistic nature of our customs in Nigeria. Furthermore, the study examined the justifications for and against the protection of traditional knowledge and the need for the adoption of a uniform framework, while acknowledging the efforts and works of the WIPO and other regional actors on the subject. The research also recommends the use of an organized digital library to have an account of their traditional knowledge to serve as prove if misappropriated. The end of this research, it would have succeeded to broaden the horizon of the importance and viability of traditional knowledge and why it should not be treated with kids' glove.