A comparative analysis of the plant variety protection regime of Nigeria and India: advocacy for a balanced protection of interests in the Nigerian seed sector

Abstract The paper compares the legislations protecting plant varieties in Nigeria and India, that is, the Plant Variety Protection Act (PVPA) and the Protection of Plant Varieties and Farmers’ Right Act (PPV&FRA), respectively. By examining the provisions of both pieces of legislation, provisions of international agreements on plant varieties and plant biodiversity and opinions of learned authors, the paper finds that the PVPA is an unbalanced legislation, which inordinately protects breeders’ right without recourse to other concerns. The paper also finds the protection of breeders’ right under the PPV&FRA inadequate with regards to the term of protection. The paper justifies its findings by using statistical analysis generated through the comparison of the provision of the two legislations. The paper thereafter proposes certain amendment to the PVPA to reflect the socio-economic peculiarities of Nigeria provide a balance protection of various interest in plant varieties and provide a flexible regime which encourages innovation, food security and international cooperation.