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.