IP AS A CRITICAL TOOL FOR ACHIEVING THE SUSTAINABLE DEVELOPMENT GOALS IN NIGERIA. - Favour Iruoma Lazarus

 ABSTRACT:

Nigeria has, overtime grappled with a plethora of strategies, usually policies geared towards the attainment of the United Nations’ Sustainable Development Goals (SDGs). As a matter of fact, the expedience and urgency of these goals have been rehearsed to the stakeholders and citizens of the nation constantly in conferences, national events and any opportunity whatsoever. In the face of this, the Intellectual Property industry has exhibited tendencies of ability to help the situation with impacts that are laudable and invasive of all spheres – agriculture, fashion, technology, security, among others. Accordingly, the phenomena of plant and animal cross-breeding has led IP into a successful invasion of the agricultural space, and while technology struggles in courts for its self-acclaimed rights to be protected by IP laws^[1], the fashion industry is being compelled to pay attention to the stipulations on industrial designs. 

Sequel to the foregoing, this paper analyses the possibilities Intellectual Property brings to the project of achieving sustainable development in Nigeria. In making this analysis, the paper delves into the extant impacts Intellectual Property, the laws protecting it and the offices or organizations seeing to its administration have had on sustainability globally, continentally and locally. The challenges plaguing IP integration into the agenda for the promotion of the SDGs are considered and strategies recommended for abating these challenges. The paper concludes on this note.   

Keywords: Intellectual, Property, SDGs.

 

                                      1.0        INTRODUCTION:

As part of the journey towards sustainability, Nigeria has identified with and taken up the ambitious universal framework of interrelated global objectives listed by the United Nations as the Sustainable Development Goals. These goals, as defined in the Brundtland Report of 1987 are the “development that meets the needs the needs of the present without compromising the ability of future generations to meet their own needs”. However, given the various objectives of contemplated by this project, the brimming question remains, ‘how well has Nigeria engaged the objectives of the Sustainable Development Goals’? 

Accordingly, this paper focuses on sustainable development in Nigeria. However, in delving into these, the discourse concentrates on the potentials, benefits, challenges and strategies for harnessing IP as a critical tool for promoting sustainable development in Nigeria.

 

                                      2.0        EXTANT IMPACTS OF INTELLECTUAL PROPERTY ON SUSTAINABLE DEVELOPMENT IN NIGERIA

In its bid to drive innovation and creativity in Nigeria, IP has had notable impact in Nigeria’s journey towards the achievement of the SDGs. Generally, the protection granted by Patent laws has proven to be crucial through its ability to facilitate the development of novel and efficient technologies and with these technological innovations, have successfully permeated the spheres of agriculture, healthcare, energy, among others. This promotes the essential components of SDG 9 (Industry, Innovation and Infrastructure), SDG 3 (Good Health and Well-being), among others. 

Furthermore, while copyright helps to protect the original works of authors, thereby fostering quality education as is contemplated in SDG 4, Geographical Indications and Traditional Knowledge preserve the cultural heritages of communities and, alongside trademark laws, guarantee the quality and viability of products which is pivotal to SDG 12 (Responsible Consumption and Production).

Asides these basic and general impacts of IP on the promotion of SDGs achievement, World Intellectual Property Organization (WIPO) has initiated certain programmes which, directly or indirectly promotes sustainability and the drive towards the SDGs. These include the WIPO Green aimed to support global efforts towards curbing climate change by ensuring a relationship between the seekers of environmentally-friendly technological innovations with those who provide these technologies; Inventor Assistance Program (IAP) with primary focus on matching inventors in developing countries with attorneys who deal with patent to ensure appropriate legal advice; IP & Tourism which demonstrates ways in which IP tools and strategies can encourage sustainable tourism, as well as promoting the social, cultural and economic development; among others.

This exhibits the continuous and concerted efforts already put into sustainable development by Intellectual Property and the realities of IP tendencies in achieving the SDGs. 

                                      3.0        INTEGRATING IP INTO THE PROJECT OF SUSTAINABLE DEVELOPMENT IN NIGERIA: BENEFITS

The IP industry is intertwined with several SDGs, as it serves as a driving force behind innovation, technological advancement, and knowledge dissemination.  There are, therefore various benefits in the integration of IP into the project of sustainable development. These include:

3.1 Innovation and Advancement in Technology

The bourne of Intellectual Property protection is to create an ecosystem where individuals are incentivized to create because their creations will be protected, published and recognised. The outcome of this protection is that research and development in certain areas of importance like pharmacy, agriculture, energy, climate change, among others which have direct or indirect relation to the SDGs are encouraged. Patent, for instance currently takes up an essential responsibility in the promotion of agriculture and food security through the development of new varieties of plants and animals which is done through the genetic modification of those plants and animals. Patent also plays a role in the incentivizing and promotion of medicines and other pharmaceutical equipment. These promote innovation and advancement in technology which, in turn promote the achievement of the Sustainable Development Goals.

3.2 Biological diversity and Preservation of Traditional Knowledge (TK)       

Geographical indications (GI), part of the IP-facilitated ways of protecting the traditional knowledge and biodiversity of indigenous and urban regions convey information by indicating the source or origin of a product. They indicate that Champagne, for example is from the Champagne region of France. This, therefore plays a crucial role in preserving the cultural heritage and traditional knowledge of communities. In turn, individuals are encouraged to make use of these protected GIs and TKs to ensure conservation of biodiversity, which transcends to the Life on land as contemplated by the United Nations in SDG 15, and to promote the sustainable and conservative use of natural resources. 

3.3 Promotion of Clean and Greener Technologies

From the WIPO Green project, already discussed briefly, one can peep into the tendencies and prospects of Intellectual Property in abating climate change as well as driving Nigeria and the rest of the world to clean technologies and transition to renewable energy sources. These are components of SDG 7 (Affordable and clean energy) and SDG 13 (Climate Action). It follows that Intellectual Property rights can foster development and dissemination of green technologies, making clean energy solutions more accessible and affordable to a wider range of communities.  

3.4 Technology Transfer

Through licensing agreements, Intellectual Property can promote the transfer of technology from countries already developed to developing countries and this, in facilitating access to technological knowledge and innovation bridges technological gap, thereby amplifying progress toward the achievement of the SDGs.

                                      4.0        CHALLENGES ENCOUNTERED

Apparently, the scope for further IP innovation is high and IP, therefore holds promise for huger impacts on the sustainability of Nigeria. However, a number of challenges beset this prospect.

4.1 Stakeholder Engagement

The key to advancing the contemplations and goals of the Nigerian community is stakeholder engagement. These major groups and stakeholders play fundamental roles in supporting and facilitating the formation of environmental policies as researchers, checks and advocates. Their involvement in Nigerian activities at the grassroots level, engagement in their challenges and adapting solutions to those challenges further make them indispensable in the formation of policies within Nigeria. These stakeholders include the Nigerian Union [AU], The Nigerian Development

Bank [AfDB], New Partnership for Nigeria’s Development [NEPAD], among others. It is, therefore cumbersome to engage them on certain propositions and get their approval and support.

Besides, considering that these stakeholders should be at the forefront of promoting sustainability through IP, it becomes a challenging necessity to get them engaged.

4.2 Trade-offs

Incorporated into the existence of trade-offs are a plethora of sub-challenges. This implies that trade-offs represent a huge setback towards the attainment of sustainable development in Nigeria. Trade-offs refer to situations of critical choice making where a benefit is offset for a greater benefit. Harnessing IP for sustainable development may present certain crossroads such as the need to prioritize access to technology over innovation incentives or vice versa [For instance access to new plant varieties and the protection accorded the creators], place open innovation over proprietary control or trade-off cultural appropriation over traditional knowledge. This has resulted in incoherent policies, adverse impacts of development policies of one specific sector on the other, loss of opportunity for positive synergy effects and delayed outcomes leading to sustainable development.  The question of how to balance IP against public interests is, therefore raised.

4.3 Low IP awareness

A lot of students, societies, businesses and most unfortunately, government officials are still unaware of the nature of IP and the level of impact it can bring to the attainment of sustainable development in Nigeria. This creates a situation of “apathy” towards plans involving IP for they can neither promote nor support the use of IP when they are not aware of it. 

4.4 Cultural Variations

The fact that huge differences exist among the cultural heritages of the various member nations make it difficult to pursue sustainability using IP. This might give rise to issues relating to Traditional Knowledge and Geographical indications. 

There are also setbacks in the high cost of protected innovations as well as limited access to these innovations. A tool that can barely be accessed and afforded cannot be used.

 

                                      5.0        STRATEGIES FOR STRENGTHENING IP INTEGRATION FOR SUSTAINABLE DEVELOPMENT

In the face of significant challenges, the pertinence of creating and implementing strategies towards the attainment of sustainable development in Nigeria through IP cannot be overemphasized. In the words of Thornton, “We need to re-think how we live, work and play”.  Therefore, in prioritizing IP impact and building on it, the following should be considered:

5.1 Continental IP Standardization and Regulation

The problems of complexity of IP laws as a result of cultural variations and lack of institutional capacity can be solved by the codification of continental IP standards and regulations. Where there are specific rules which oversee innovations, their protection, access and affordability, accountability of institutions in charge, as well as the balancing of cultural differences, it becomes easier to incorporate IP into the project of sustainable development in Nigeria. An IP-centred Nigerian stakeholder can also emerge from this. AfCFTA , for instance, oversees trade in Nigeria and promotes regional integration and economic development in the midst of cultural differences. An IP organisation serving the same purpose can expedite the journey towards sustainability in Nigeria.

5.2 Public-Private Sector Collaboration

Fostering these partnerships help to maintain balance between public interests and the need to promote sustainable development. By highlighting their specific concerns and working towards them collaboratively helps to balance some of the trade-off situations created through IP integration in the sustainability project.

Furthermore, it is important to prioritize promoting access to technology for Small and Mediumsized Enterprises (SMEs) and creating awareness on the inevitability of IP in the achievement of sustainable development in Nigeria. These are paramount to progress.

 

                                      6.0        CONCLUSION

As has been comprehensively discussed, it is important to recognise and harness the possibilities of IP tools towards the achievement of sustainability in Nigeria. This is indisputable. By promoting innovation centred on creating opportunities and solving economic, infrastructural, health, educational and agricultural challenges in Nigeria, IP blazes the trail for sustainable development in Nigeria. Therefore, federal and regional governments, as well as societies, organisations and businesses must prioritize the development of IP and harness its tools to guarantee sustainable development in Nigeria. After all, the foundation of all innovation and development is the intellect.

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[1] Thaler v The Comptroller-General of Patent, Designs and Trademarks [2020] EWHC 2412; Thaler v Vidal 43 F.4^th 1207 (Fed. Cir. 2022)