NASC stakeholders validate revised PVP regulation

Experts in the seeds industry have commenced the review and validation of the revised regulation for Plant Variety Protection (PVP) in Nigeria.

The PVP Acts (2021) was signed into law in 2021 by President Muhammadu Buhari as part of efforts to strengthen commercialisation of seed breeding in Nigeria.

Declaring the meeting open Wednesday in Abuja, the National Agricultural Seeds Council (NASC) Director General, Dr. Philip Ojo, said stakeholders in the sector were brought together to review the regulations and contribute their inputs because it would be used by them.

Ojo who was represented by Director, Seed Information, Mr. Oluwole Towolawi, highlighted the massive benefit the nation and the continent stand to get from the seed sector.  

Leading the review, an expert, and International Legal Specialist with New Markets Lab, Adrian Naggayi, eulogised the importance of regulation, saying the country may run into problem during implementation of the law without the regulation in place.

“So it’s going to be of immense benefits when it comes to implementation of the regulations. 

The Plant Variety Protection Act was passed in 2021, without the regulations would make the Act unenforceable. 

“Now what we’ve been developing and what is being validated right now is the draft regulations under the Act so that the Act can be implemented. That is why we are bringing stakeholders who are users of the regulations to validate the provisions of the regulations to see that it is the right flow and applicable to the Nigerian context.

“So, when they Act was passed it was provided for those breeders will apply for plant breeders’ rights, but there were no forms or fees that have to be used by someone who wants to apply. You know what the regulations do is to put in place specific guidance on how you can actually go ahead and apply for plant breeders’ rights.

“There is the draft regulation now has a form which you have to file with the PVP office. It includes the fees that you have to pay, different provisions on where you have to apply and how long it will take. It includes the procedures, provisions on procedures which are not under the Act. All sort of penalties, so the regulations makes those procedures clear, makes the penalties clear, includes different provisions that are known within the Act, just to show how the Act can be implemented,” she said.

The Nigeria PVP Acting Registrar, Dr. Okelola Folarin, said the reviewed regulation will still be worked on by the Ministry of Justice to ensure it complies Nigeria style.

He said the law gives a form of intellectual property protection to breeders and innovators in the plant space enabling them to get the benefit of their  hard work.

“We have developed these documents with stakeholders in the country, but we also want to be sure that this document is at par with any regulation in the international community, so we have received support from the New Market Lab which is an international IP legal team to help us revise the draft regulation.

“And once we do this, we would still subject it to legal drafting standard of Nigeria and of course get it to be signed to force by the minister,” he said.

He said his office has started the implementation of the PVP law, as the country already has PVP office.  

“We are also working together to develop where people can apply for protection in Nigeria from anywhere in the world, linking it to the variety release porter. So a lot of things are going on. The PVP law is being implemented and is already in force,” he said.