By Oyelowo Khalid
Universities across Nigeria are gradually deviating from purely academic gatherings to become engines of innovation, research, commercialisation and economic growth in Nigeria, where the knowledge economy is seen as a pathway to aid Nigeria from its sole dependency on oil. For this innovation to be productive, universities need the help of intellectual property rights (IPR), which include patents, copyright, trademarks and licensing regimes. These intellectual property tools provide the legal protection and economic opportunities to convert ideas into productive innovation. This essay focuses solely on the role of intellectual property in promoting university-based innovation and commercialisation in Nigeria, focusing particularly on how universities can leverage trademarks and licensing to turn research output into fruitful ends.
Let’s dive into intellectual property and innovation in Nigerian universities. Intellectual property serves many functions in the university platform, but there are two critical functions served by intellectual property. The first is the protection of innovation and commercialisation or economic incentives. The protection of innovation done by intellectual property is a method of ensuring that research outcomes are legally protected against unauthorized exploitation. Before diving into the result of any initiated research, it must be safeguarded by law, and this is what intellectual property does. Commercialisation, or economic incentives, is a way in which intellectual property shapes Nigerian universities and ideas to attract investment, collaboration with industries, and ensure enough revenue is generated. Although some universities in Nigeria still rank low in global innovation indices with few patents filed and unprotected or, let’s say, weak commercialisation mechanisms. According to the World Intellectual Property Organization (WIPO), African countries contribute less than 2% of global patent applications, and Nigeria’s share is negligible. Obviously, this loophole calls for stronger IP utilisation in our academic sector.
Also, patents as IP tools safeguard and monetize research. A patent grants inventors the right to their invention for a specified period, “usually 20 years in Nigeria under the Patents and Designs Act, LFN 2004.” For universities, patents can be a modifier and an innovation booster in bridging the gap between laboratories and the market. The role of patents has been discussed above, so how can Nigerian universities leverage patents to turn research to a positive end? Filing patents for breakthroughs should be the first thing to be done by universities; for example, if Usman Danfodiyo University Sokoto develops a new drug treatment that can cure HIV/AIDS, this patent protection would protect and prevent pharmaceutical firms from using the new invention without compensation. Technology transfer offices are another way Nigerian universities can use patents. Around the world, universities like Oxford and MIT earn billions annually from patented technology. Universities in Nigeria, as a developing country, can emulate universities in developed countries. See the case of Stanford University v. Roche Molecular Systems, Inc. (2011). In this case, the US Supreme Court reaffirmed the importance of clear patent ownership in research innovation. Nigerian universities can learn from this by ensuring a patent policy is created for the universities, and any successful innovations made by the university with their resources should be protected.
The second IP tool to dive into is trademarks. A trademark is a tool that protects distinctive signs, symbols, or names used to identify products or services, regulated under the “Trademarks Act, LFN 2004.” Trademarks obviously protect reputation and brand identity. How can Nigerian universities leverage trademarks? Branding the university on a new innovation will be a great move. For instance, if Usmanu Danfodiyo University Sokoto (UDUS) develops a software platform for e-learning, registering a trademark for its name and logo can distinguish it in the marketplace, and legally it will be protected. It can also be used for managing reputation. Some universities that engage in farming or other agricultural products, such as improved maize or cassava, can utilise trademarks to distinguish their produce and build solid consumer trust. For example, UDUS, through the practical work done by Agric students, could trademark innovative food products, thereby boosting potential and attracting investors.
The third and the last tool to be discussed in this essay is licensing. Licensing is a method by which a trademark or patent holder enables or authorizes another party to use their IP under agreed conditions, mostly in exchange for a royalty. Universities are helped by licensing by enabling less capable universities to partner with large-scale firms. How can Nigerian universities leverage licensing? Partnership between universities and industry. Partnership by any university with a large-scale industry will actually materialize. As it was done in the US, the Bayh-Dole Act of 1980 allows universities to retain ownership of federally funded research, leading to massive improvement in licensing revenue. It would be a good thing if Nigerian universities enacted or implemented this kind of act to empower universities. See the case of Olivetti v. Microsoft, 1991, a licensing dispute that cautioned on the need for clear agreement. Nigerian universities must take note of this and ensure the licensing agreement clearly states the royalty percentage, ownership, and others. Nigerian universities should indulge in exclusive and non-exclusive licenses. For example, if UDUS could license its CED initiatives to multiple companies, UDUS would be generating royalty streams.
Discussing IP tools and how Nigerian universities can leverage them is good, but it will be better to discuss the challenges facing Nigerian universities in IP commercialisation. We have many challenges, like the case of low awareness, and weak institutional framework. Limitations in funding, gaps between legal and policy, and others. Low awareness, which is one of the major challenges, is common. I believe no awareness was created regarding licensing, patents, and all. This has made many researchers in different universities lose their best innovation to exploiters all because they are ignorant of the role of IP. Limitation in funding is also obviously included. We all know all these IP tools and registrations are not free, and anytime it seems patents or licensing costs, universities often deviate from getting involved due to a lack of enough funds, which is reasonable. Gaps between legal and policy are something we need to take care of. Unlike the US act I have mentioned above, Nigeria lacks any pivotal policy or legal framework that will regulate IP commercialisation and utilisation in universities.
Before the conclusion of this essay, I would like to talk about recommendations or solutions for leveraging IP in Nigerian universities. Establishment of technology transfer offices in all universities to regulate all tools of IP. Universities need government support; yes, an act similar to the Bayh-Dole Act needs to be implemented to affirm research output by our prestigious university. Universities need to build capacity. How? By training researchers and administrators on IP rights and the filing process. Lastly, there should be incentives for researchers. You can’t just say thank you to a successful researcher; give them royalties, and motivate them by publicly praising them, and this will encourage more innovations. Talking about IP tools and how Nigerian universities can leverage them is good; talking about the challenges is better, but recommending ways for Nigerian universities to leverage IP in Nigeria is the best.
In conclusion, intellectual property is central to transforming Nigeria into an innovation state. With patents, licensing, and trademarks performing their respective roles as tools for IP, Nigerian universities will thrive across the globe if they utilize all the tools of IP. Intellectual property is here to help; there may be challenges that are reasonable, but there are also solutions provided. Nigerian universities should see more intellectual property, and life will be easier for not only the university but also for the masses, as our economy will thrive.