Section 21: Right of priority.

(1) Any breeder who has duly filed an application for the protection of a variety in one of the members of an international organisation dealing with plant breeder's right matters which Nigeria is a party shall enjoy a right of priority for a maximum period of 12 months.
(2) The period referred to in subsection (1) shall be computed from the date of filing the first application and the day of filing shall not be included in the latter period.
(3) The applicant shall, in order to benefit from the right of priority in the subsequent application in Nigeria, claim within 12 months the priority of the first application.
(4) The Registrar may direct the applicant to furnish, within a period of at least three months from the filing date, a certified true copy of the documents which constitute the first application that was filed and samples or other evidence indicating that the variety which is the subject matter of both applications is the same.
(5) The applicant may submit to the Registrar any necessary information, document or material required in this Act for the purpose of the examination within a period of two years after the expiration of the period of priority or a period of six months where the first application is rejected or withdrawn.