REINVIGORATING RENEWABLE ENERGY TECHNOLOGY IN NIGERIA VIA THE INSTRUMENTALITY OF A BOLSTERED INTELLECTUAL PROPERTY RIGHTS REGIME

Abstract

The transition to renewable energy is critical to addressing Nigeria’s persistent electricity deficit, promoting sustainable development, and achieving climate change commitments. Intellectual property rights (IPRs) play a significant role in encouraging innovation and facilitating technology transfer; however, the extent to which Nigeria’s existing IPR framework supports the development and diffusion of renewable energy technologies remains contested. This article critically examines the role of intellectual property rights protection in advancing renewable energy technologies in Nigeria. Using a doctrinal legal research methodology, the study analyses Nigeria’s intellectual property regime, particularly the Patents and Designs Act, the Copyright Act 2022, relevant international instruments, including the TRIPS Agreement and the Paris Agreement, as well as judicial authorities, policy documents, and scholarly works. The study finds that while an effective IPR system has the potential to stimulate domestic innovation, attract foreign investment, and promote technology transfer, Nigeria’s outdated legislative framework, weak institutional capacity, inadequate enforcement mechanisms, regulatory fragmentation, limited financing, and underutilization of the flexibilities of TRIPS significantly undermine these objectives. The article concludes that intellectual property rights can serve as an important catalyst for renewable energy development only when supported by comprehensive legal and institutional reforms. It recommends the modernization of Nigeria’s patent legislation, stronger enforcement of intellectual property rights, among others.