Technology, Technology Transfer and the WTO - TRIPS Agreement: A science policy and law analysis for Nigeria
DOI: https://doi.org/10.69798/32953313Authors
Ibikunle Ogundari
African Institute for Science Policy and Innovation, Obafemi Awolowo University, Ile IfeAbstract
The introduction of the Trade Related Aspects of Intellectual Properties (TRIPS) Agreement has limited the access of developing countries like Nigeria to technologies critical for national development aspirations. Little attention has however been given to identifying the flexibilities that can be exploited in the Agreement. This study examines Nigeria’s technology-driven socio-economic development aspirations, analyzed the TRIPS Agreement and its impact on technology-driven sustainable national development planning and identified flexibilities in the Agreement that could be utilized for enhanced access to technologies. The study utilized content analysis methodology and relied on sources of information which include Nigerian legislation and International conventions and treaties. The study revealed the flexibilities that Nigeria could use to enhance access to technologies for development. This includes compulsory licences, parallel imports and exemptions to patentability among others. Furthermore, the study revealed that the application of these flexibilities was not automatic but developing countries had to take advantage of them by amending their laws and putting in place appropriate policies to exploit them. The study concluded that until attention is given to the flexibilities within the TRIPS Agreement, the Agreement would continue to be perceived in Nigeria and other developed countries as a barrier to access appropriate technologies for national development.
Suggested citation
Enobong Ogundari , Ibikunle Ogundari (2022). Technology, Technology Transfer and the WTO - TRIPS Agreement: A science policy and law analysis for Nigeria African Journal of Science Policy and Innovation Management, 3(1). https://doi.org/10.69798/32953313
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Issue
Vol. 3 No. 1 (2022): African Journal of Science Policy and Innovation Management
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Published
03-11-24
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Keywords
Science Technology Technology Transfer WTO TRIPS Agreement Development Planning Intellectual Property Rights