New Plant Varieties

– Plant Variety Protection (PVP) Act 2021.
– PVP Regulation and Guidelines (developed but awaiting Board consent).

Membership in International Conventions

– Observer membership status in the Administrative, Legal and Technical Committees of UPOV Council (awaiting deposition of instrument of accession).

Filing

Conditions for protection: the protection of varieties applies to all plant genera and species that are new, distinct, uniform and stable.

Novelty: required.

Priority: Convention application must be claimed at filing. Priority can be claimed within a maximum period of twelve months.

Secrecy: confidentiality clause provided for under the Act and disclosure to unauthorized third party subject to criminal prosecution.

Territory covered: Federal Republic of Nigeria.

Filing requirements for an application (to be sent to resident agent):
1. An application to be granted a right;
2. The applicant's full name and address, and if that address is outside Nigeria, an address for service in Nigeria;
3. Where the applicant is the successor-in-title of the person who bred, or discovered and developed the variety: (i) proof of title or authority in the form and content satisfactory to the Registrar or as may be specified by Regulations establishing the existence and validity of the assignment or succession, and (ii) the name and address of the person who bred, or discovered and developed the variety;
4. The proposed denomination and the description of the characteristics of the variety as the Registrar may require;
5. Samples of the propagating material in the quantities as the Registrar may require; and
6. The prescribed fee;
7. Any additional information, documents and material that may be required in connection with the application as may be prescribed in the Regulations.

Electronic filing: not currently provided for.

Electronic signatures: not currently provided for.

Examination, Protection

Examination: formal and substantive examination. Examination on novelty, distinctiveness, uniformity and stability will be conducted. 

Amendment: can be made at any time without affecting its filing date, provided that the amendment does not affect the variety which is the subject of the application, and where it occurs after publication of a notice, the applicant shall be liable to pay the cost of re-publication.

Duration: the breeders' rights granted under the Act shall expire after twenty years from the date of the grant except for trees and vines whose breeders' rights shall expire after twenty-five years from the date of grant.

Renewal: one time registration.

Modification of Protection after Registration

Nullification of registration: the Registrar could declare the registration to be null and void if among other things, there was failure to comply with specific provisions of the Act, and misrepresentation on the part of the right holder. 

Cancellation of registration: can be effected where the holder of the breeder's right does not provide the Registrar with the information, documents or materials deemed necessary for verifying the maintenance of the variety; fails to pay the fees which may be payable to keep his right in force; or does not propose another suitable denomination where the denomination of the variety is cancelled after the grant of the right.