ABSTRACT

The outbreak of the COVID-19 pandemic intensified the concerns regarding the exploitation of traditional knowledge on medicinal uses of plants (TKMUP) by others without authorisation, acknowledgement or reward for the originators; perceived as biopiracy. The global patent system, adopting the one-size-fits-all approach (providing an intellectual property regime on a standard suitable for developed countries at the detriment of developing countries), appears to legitimise such activities including lack of recognition of TKMUP. However, developing countries (including Nigeria) rich in biodiversity, can structure their patent systems to protect traditional medicine knowledge notwithstanding the situation at the global level. China has demonstrated the possibility of patent protection of TKMUP which can be emulated. This chapter seeks to examine the extent to which the patent system in Nigeria protects TKMUP in the era of COVID-19. It suggests that the patent system in Nigeria appears inadequate in protecting this knowledge system and there is an imminent need for reform. This chapter recommends measures that should be taken to enhance the patent system in Nigeria for socio-economic development.