THE VIABILITY OF PATENT-RELATED FLEXIBILITIES IN PROMOTING BIOTECHNOLOGY RESEARCH AND INNOVATION FOR IMPROVED FOOD SECURITY AND PUBLIC HEALTH IN NIGERIA

Abstract

While patent laws are expected to play a crucial role in incentivising investments in research and innovation in all fields of technology, their application to biotechnology has remained a sensitive issue for developing countries because biotechnology impacts food security, public health and other critical aspects of human life. Particularly, the notion that the application of existing patent standards to biotechnology impedes access to innovations and follow-on research in developing countries such as Nigeria is well established in the literature. This led to calls for the adoption of patent flexibilities, particularly as embodied in the TRIPS, as a counterbalance to the defects in the patent system in relation to biotechnology. Therefore, this paper probes the viability of patent-related flexibilities in fostering access to and innovation in biotechnology in Nigeria, with particular reference to public health and food security. The paper shows that their implementation in Nigeria and other developing countries is not tenable for various reasons, including lack of political will, fear of trade retaliation and low technological capacity. As a result, it advocates for the adoption of alternative approaches to research and innovation in biotechnology, such as open science, in order to facilitate need-driven research and access to innovation in biotechnology in Nigeria.