TRADITIONAL KNOWLEDGE AND INTELLECTUAL PROPERTY RIGHTS IN ENVIRONMENTAL CONSERVATION: EMERGING LEGAL ISSUES AND REFORM PATHWAYS

Abstract

Across generations, traditional knowledge has guided how communities protect
land, forests, and biodiversity, embedding conservation practices within cultural
norms rather than formal law. This article examined the role of traditional
knowledge in environmental conservation and assessed the extent to which
intellectual property law protected such knowledge within Nigeria’s contemporary
legal framework. Using a doctrinal legal research methodology, the article
analysed Nigeria’s environmental and biodiversity laws, relevant international
instruments on traditional knowledge protection, and selected comparative
frameworks from Kenya and South Africa. The article found that traditional
knowledge contributed significantly to biodiversity conservation, climate
resilience, and sustainable resource management in indigenous communities, but
remained inadequately protected under Nigeria’s conventional intellectual
property regime. It further revealed that the absence of a dedicated traditional
knowledge statute, weak domestic implementation of international obligations,
limited recognition of customary law, power imbalances affecting indigenous
communities, and risks of forced disclosure collectively expose traditional
knowledge to misappropriation and exploitation. The article concluded that
Nigeria’s fragmented legal approach undermined both environmental governance
and indigenous rights. It recommended the adoption of a sui generis legal
framework for traditional knowledge protection, the strengthening of access-andbenefit-sharing and prior informed consent mechanisms, fuller integration of
customary governance structures, and institutional capacity-building to support
community participation. These reforms were identified as essential to reposition
traditional knowledge as a legally protected pillar of sustainable environmental
governance in Nigeria