LEVERAGING INTELLECTUAL PROPERTY FLEXIBILITIES TO ADVANCE NIGERIA'S ENERGY TRANSITION: A COMPARATIVE ANALYSIS WITH THE PUBLIC HEALTH SECTOR FOR CLIMATE JUSTICE AND SUSTAINABLE DEVELOPMENT

Abstract

The global imperative to achieve net-zero emissions has triggered profound legal, economic, and environmental transformations, particularly for oildependent economies like Nigeria. As energy transition accelerates, equitable access to clean energy technologies has emerged as a critical factor for sustainable development. However, restrictive intellectual property (IP) rights pose significant barriers to the diffusion of green technologies essential for climate change mitigation and adaptation. This article argues that leveraging compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) can serve as a strategic legal tool to advance Nigeria’s clean energy transition, promote climate justice, and achieve the Sustainable Development Goals. The ability to navigate IP flexibilities can empower local innovators, enabling them to share knowledge and resources necessary for advancing sustainable practices without compromising their economic rights. Drawing on comparative case studies from public health emergencies where compulsory licensing dramatically improved access to life-saving medicines, this paper explores how similar mechanisms could be adapted for renewable energy technologies, carbon capture systems, and other environmentally sound technologies (ESTs). The analysis also considers the risks, including trade retaliation and capacity challenges, and proposes legal and policy innovations that Nigeria could adopt to balance intellectual property protection with environmental imperatives. It concludes by calling for national reforms, regional cooperation, and international advocacy to create a more equitable and sustainable global energy future, aligning intellectual property frameworks with the urgent realities of climate change.