The Trips Agreement and Development: A Review of Nigeria's Patent Law

Abstract

Intellectual property power is a very important factor in determining a nation's development, and its various facets including health, technology, economy, agriculture, and entertainment. The TRIPS Agreement is the most exhaustive international law on intellectual property and all World Trade Organisation (WTO) members are obliged to adhere to its provisions. But it is genuinely viewed with suspicion amongst developing nations and least developed nations who regard it as an instrument designed to grant further dominion over economic power to developed nations. This article uses the doctrinal method to explore how Nigeria and other similar nations can nevertheless benefit from public health, agriculture, foreign direct investment, technology transfer and establishing technological capacity through strategic implementation of the TRIPS Agreement in its patent system. It concluded by making recommendations for the amendment of the Nigeria's patent law which is embodied in the Patents and Designs Act to include provisions in such a way that would be beneficial to Nigeria, but also TRIPS-compliant.