TY  - RE
AU  - Kuhlmann,K.
AU  - Adron Naggayi Nalinya
AU  - Folarin Sunday Okelola
AU  - Puozaa,D.K.
AU  - Gichuru,L.
AU  - Ojiewo,C.O.
TI  - A comparative analysis of the regulatory framework for public technology dissemination in Nigeria and ECOWAS
PY  - 2025///
CY  - [Place of publication not identified]
PB  - CIMMYT, New Markets Lab
KW  - Regulations
KW  - AGROVOC
KW  - Seed systems
KW  - Varieties
KW  - Public sector
KW  -  Licences
KW  - Nigeria
KW  - West Africa
N1  - Open Access; In Nigeria and throughout sub-Saharan Africa, the public sector is heavily involved in crop improvement. Yet, challenges persist with ensuring that publicly developed technologies (crop varieties) reach the market. Regulatory processes and procedures at both the national and regional levels, including rules on variety release and registration and licensing of public varieties for private sector commercialization, will play a direct role in disseminating public varieties within Nigeria and, more broadly, within regional markets. Ultimately, national regulatory systems will impact the ability of public institutions to achieve their mandate of developing new crop varieties for use as a public good. This report is designed to serve as a research compilation and practical guide for National Agricultural Research and Extension Systems (NARES) in Nigeria and their partners, including CG Centers, focused on regulatory issues that affect the dissemination and commercialization of public varieties.1 It addresses a gap in current literature and available guides by highlighting the importance of regulatory processes for public technology dissemination and differences between the regulatory process for variety registration under Nigerian law and rules under the Economic Community of West African States (ECOWAS). It also presents the considerations and tradeoffs related to licensing of public varieties, examining the process for claiming plant breeder’s rights (PBR) in Nigeria, and considerations related to protecting farmers’ varieties. In recent years, Nigeria has made notable progress in updating its legal framework governing varietal release, registration, and plant breeder’s rights (PBR), all of which are vital for the licensing and commercialization of public varieties. The alignment of national regulations with ECOWAS regional seed rules is a significant development. This will facilitate entry of varieties in the ECOWAS Regional Catalog of Plant Species and Varieties (ECOWAS Regional Catalog) and will facilitate the fast-tracking of the registration process for regionally registered varieties, bypassing the need for additional evaluation tests. These improvements hold the potential to expand market access for public varieties listed in the ECOWAS Regional Catalog, providing new avenues for commercialization, including through licensing agreements. However, while there is a growing awareness within the public sector of the processes for registering varieties both nationally and regionally, a considerable knowledge gap remains concerning the connections between these registration processes, licensing strategies, and the plant variety protection (PVP) regulatory framework. This gap hampers the ability to make full use of the updated system, particularly in terms of maximizing licensing opportunities for registered public varieties. Further, both the legal framework for varietal release and the PBR system lack a well-defined regulatory structure, which impedes effective implementation and practical enforcement. Several provisions in the seed law, designed to simplify varietal release, remain without implementing regulations and updated guidelines. For example, the provision for fast-tracking the registration of foreign and regionally registered varieties is still not fully operational, preventing stakeholders from benefiting from the streamlined registration process and the subsequent licensing of qualifying varieties. Another significant issue is that the institution officially designated to manage the varietal release process under the seed law often does not perform this role in practice, creating potential confusion—particularly for new investors entering the sector. This misalignment creates administrative complexities and undermines the coherence of the system, which could discourage potential stakeholders, including seed companies and farmers, from fully engaging with the regulatory framework. Moreover, the absence of regulations under the PVP law has left public varieties unprotected, undermining their ability to benefit from the additional layer of protection that PBR offers against unauthorized use. This regulatory gap further weakens the ability of public institutions to commercialize and safeguard their plant varieties effectively. These gaps in the regulatory framework are impeding the effective implementation of varietal release, registration, and PBR systems. To address these challenges, it is critical to enact the missing regulations and strengthen the capacity of relevant institutions to enforce and oversee these processes. For ease of navigation and to ensure greater clarity for stakeholders, this report utilizes Regulatory Systems Maps (RSMs) as empirical tools. These maps provide a detailed, step-by-step guide to navigating the regulatory processes for varietal release both in Nigeria and at the regional ECOWAS level. By outlining the procedural flow of regulatory activities, RSMs can assist in identifying areas of inefficiency or ambiguity, helping to streamline the regulatory environment and enhance transparency and effectiveness across the entire system
UR  - https://hdl.handle.net/10883/36244
ER  -