Technology, Technology Transfer and the WTO - TRIPS Agreement: A science policy and law analysis for Nigeria

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.