Ofada rice is a unique rice variety cultivated by Nigerian farmers and known for its peculiar colour, aroma, and taste. However, it can easily be grown and sold by anyone, anywhere in the world without any benefit to Ofada town in Nigeria, or its farmers. This reflects a broader reality in Nigeria, a nation rich in agricultural and artisanal resources potentially worth billions in intellectual property revenue. Beyond Ofada rice, regional treasures such as the hand-woven Aso Oke, the Benue Yams, the Adire textiles, and Garri Ijebu, amongst others, remain unprotected. Thus vulnerable to counterfeiting, imitation, and mass reproduction outside the shores of their origins. This has caused significant economic losses to Nigeria, despite its being a signatory to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement since 1995.
According to Article 22 of the TRIPS Agreement, “Geographical Indications (GIs) are indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.” This agreement is yet to be domesticated in Nigeria. This means that local producers have no clear redress mechanism, and the GIs remain unprotected and susceptible to adulteration and counterfeiting. When compared with successful models like the European Union and India, it becomes imperative for Nigeria to develop a tailored legal framework to safeguard the nation’s unique GI-worthy products. Indeed, a vital and veritable means of economic prosperity and revitalisation, especially in the rural economy, maybe the protection of resources existing ordinarily within Nigeria’s borders, as opposed to a quest for the discovery of new ones.
Geographical indications (GIs) are intellectual property rights that serve to identify goods originating from a specific geographical area and possessing qualities, reputation, or characteristics attributable to that origin. GIs function as signs denoting the provenance of goods, thereby establishing a direct link between product quality and geographical origin. As the name may imply, they indicate the origin of goods/products, point to the quality, the process of production, and guarantee authenticity, uniqueness, and originality. The World Intellectual Property Organization (WIPO) has defined a GI as “a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.” This mechanism offers a robust framework for distinguishing products based on their inherent characteristics, which are inextricably linked to their place of origin.
GIs encompass a wide range of products, including agricultural produce (both plant and animal), beverages, foodstuffs, wines and spirits, handicrafts, and industrial goods. Prominent examples include Darjeeling tea (India), Basmati rice (India), Roquefort cheese (France), Irish whiskey, Champagne (France), Argan oil (Morocco), Tequila (Mexico), Scotch Whiskey (United Kingdom), Swiss Watches (Switzerland). The core attributes of GIs lie in their ability to guarantee product authenticity, quality, and distinctiveness. Firstly, GIs assure the genuineness and originality of a product, verifying its source. Secondly, they certify the product’s quality, confirming adherence to established production and or processing… continue reading in our #1 2025 Edition for free
