THE ROLE OF INTELLECTUAL PROPERTY LAW IN ADVANCING RENEWABLE ENERGY TECHNOLOGIES IN NIGERIA
Author: O. M. Atoyebi S.A.N FCIArb. (U.K.)., Contributor: BETSEABASI ASUQUO
Intellectual property law deals with laws that protect and enforce the rights of inventors, writers, musicians, designers, literal and artistic works, and other works of intellectual property. Trademarks, copyrights, industrial designs, patents, and other forms of intellectual property are other examples. Laws governing intellectual property cover both tangible and intangible rights, although some intellectual property rights may be difficult to identify due to their intangible nature.[1] [1] Renewable energy technologies on the other hand, is an umbrella term that stands for energy production using renewable energy sources like solar, wind, water (hydro and tidal), biomass (biofuels and wastes), and geothermal heat.[2] [2]
It is indisputable that technologies fall within the category of intellectual property, of which an infringement of one’s technological invention or other rights pertaining to technology is enforceable under intellectual property law. This also includes rights arising from renewable energy technologies in Nigeria. This article will explore the role of intellectual property law in advancing renewable energy technologies in Nigeria, as well as explore how intellectual property laws and regulations impact the development and adoption of clean energy solutions in the country.
THE CONCEPT OF RENEWABLE ENERGY TECHNOLOGY AND THE CURRENT STATE IN NIGERIA
Renewable energy technologies use energy sources that are continually replenished by nature -such as the sun, the wind, water, the earth’s heat, and plants- as fuel, turning them into usable forms of energy, such as electricity, heat, chemicals, or mechanical power[3] [1]. The efficiency of some of the renewable energy technologies is yet to be optimised; but, the demand for renewable energy sources has continued to increase globally because of its clean, sustainable, futuristic, environmentally benign and inexhaustible nature.
In recent years, there have been several initiatives aimed at promoting the use of renewable technologies in Nigeria, this is because energy plays a vital role in economic growth, progress, and development, as well as poverty eradication and security of any nation. [4] [2] Although uninterrupted energy supply is a vital issue for most countries today, future economic growth crucially depends on the long-term availability of energy from sources that are affordable, accessible, and environmentally friendly.[5] [3] Nigeria as a sovereign state has made significant strides in developing its renewable energy sector. So far, the noticeable renewable energy technologies that have been incorporated in Nigeria include:
1. SOLAR ENERGY: Solar power has emerged as a prominent renewable energy source in Nigeria, particularly for off-grid and rural electrification projects. The Nigerian government, in collaboration with private entities, has initiated solar power projects to provide electricity to rural areas. In 2016, the Nigerian government launched a solar power program called the Solar Power Naija Initiative[6] [4]. The objective of this initiative was to provide grid-connected solar power to households, businesses, and government institutions in rural and urban areas. The initiative was aimed at providing 1,200 MW of solar power to Nigerian homes and businesses.
2. WIND ENERGY: Wind power is another renewable technology that has great potential in Nigeria. The country has significant wind resources, particularly in the northern regions. There are plans to develop wind farms in the country, but these projects are still in the planning stages. An example will be the wind farm in Rimi, Katsina State[7] [5]. Challenges include the high upfront costs of wind energy infrastructure and the need for substantial investment.
3. HYDROPOWER: Hydropower has been a traditional source of electricity in Nigeria. The country has several large hydroelectric power plants, including the Kainji and Shiroro dams, among others. These plants generate a significant portion of the country’s electricity.
4. BIOMASS ENERGY: Biomass energy, derived from organic materials, are being explored as a source of renewable energy in Nigeria. The country has a large agricultural sector, which produces significant amounts of biomass waste. In recent years, there have been efforts to promote the use of biomass energy in Nigeria. Biomass power plants and biogas projects are in development, primarily in agricultural and rural areas. For example, the cassava biomass project[8] [6] that is being developed.
5. GEOTHERMAL ENERGY: Nigeria has geothermal potential in some regions, but geothermal development is in its early stages. Exploration activities are ongoing to assess the feasibility of tapping into this renewable resource.
Hence, renewable energy can help Nigeria not only meet its energy needs but also power sustainable economic growth and create jobs.[9] [7]
RENEWABLE ENERGY TECHNOLOGY LAWS IN NIGERIA
In Nigeria, the main regulation guiding renewable energy is the Nigerian Electricity Act 2023, which repealed the Electric Power Sector Reform Act 2005. The Act governs electricity generation, transmission and distribution[10] [1]. The Act re-establishes the importance of renewable energy in electricity generation and encourages the generation of electricity from renewable energy sources[11] [2].
Other regulations that are in place to promote and regulate the use of renewable energy sources include:
- The National Renewable Energy and Energy Efficiency Policy (NREEEP): This National Policy provides for improving energy supply across the country and utilization of renewable energy sources, moving from the consideration that rural areas are remote and have a low demand density and depend on off-grid energy solutions, as the economies of on-grid deployment do not favour rural electrification.[12] [3] The Policy defines renewable energy in clause 3.1 and states the importance of utilizing renewable energy sources in rural areas.
- The Renewable Energy Feed-In Tariff Programme 2015: It requires electricity distribution companies to source at least 50 per cent of their total procurement from renewable energy sources.[13] [4]
- Environmental Impact Assessment (EIA) Act: Developers of renewable energy projects in Nigeria are required to conduct an EIA to assess and mitigate potential environmental impacts. This helps ensure that renewable energy projects are developed in an environmentally responsible manner.[14] [5]
- National Environmental (Energy Sector) Regulations 2014: These regulations require power sector operators to comply with environmental standards, which include provisions related to hydro-energy plants[15] [6] and renewable energy plants[16] [7].
THE ROLE OF INTELLECTUAL PROPERTY LAW IN ADVANCING RENEWABLE ENERGY TECHNOLOGIES IN NIGERIA
Intellectual Property (IP) laws play a significant role in advancing renewable energy technologies. It provides incentives and protection for innovators and inventors, fosters innovation and investment, and encourages the development and dissemination of new technologies. Specifically, it plays the following roles:
- Encouragement of Innovation: By protecting the rights of inventors and creators, these laws enable them to reap the rewards of their innovation, which can attract more investment in the sector.
- Protection of Innovations: Inventors can file for patents to protect their ideas and inventions, ensuring that they have exclusive rights to their creations for a specific period, typically 20 years. This protection encourages the development of new and advanced technologies in the renewable energy field.
- International Collaboration: IP laws provide a basis for international collaboration and partnerships. By respecting the intellectual property rights of foreign innovators and investors, Nigeria can attract foreign direct investment and participate in the global renewable energy technology exchange.
- Commercialization of Innovations: IP laws support the commercialization of renewable energy technologies. Inventors can use their IP rights to secure funding, partnerships, and investments, which are crucial for bringing new technologies to market.
- Protection against Infringement: IP laws protect innovators from having their inventions and innovations unlawfully copied or used by others. This protection is especially important in the renewable energy sector, where the development of cutting-edge technologies requires substantial investment and time.
CHALLENGES FACED IN PROTECTING RENEWABLE ENERGY TECHNOLOGIES IN NIGERIA
Protecting renewable energy technologies is essential for fostering innovation and investment in the sector. However, there are some challenges and issues that can make it difficult to protect these technologies effectively. Some of the challenges faced in protecting renewable energy technologies in Nigeria include:
- Lack of Adequate Intellectual Property (IP) Awareness: Many innovators may not fully understand the importance of protecting their innovations through patents and other IP mechanisms. This lack of awareness can result in missed opportunities for IP protection.
- Resource Constraints: Innovators and renewable energy startups often lack the financial resources necessary to file for and enforce patents. The cost of securing and maintaining patents can be exorbitant for small enterprises and individual inventors.
- Complex and Lengthy Patenting Process: The patent application and approval process in Nigeria can be complex, lengthy, and bureaucratic, which may deter innovators from seeking protection for their technologies.
- Enforcement Challenges: Even if innovators manage to secure patents, enforcing these rights can be difficult. The legal system in Nigeria may not always be efficient in handling IP disputes, leading to lengthy legal battles.
- Counterfeiting and Infringement: The renewable energy sector is not immune to issues like counterfeiting and infringement. Counterfeit solar panels and wind turbines, for example, can flood the market and undermine legitimate innovators’ efforts.
RECOMMENDATION
Implementing the following strategies could address the aforementioned challenges and enhance the protection of renewable energy technologies in Nigeria. Recommended strategies include:
1. Raising awareness about the importance of intellectual property rights in the renewable energy sector.
2. Simplifying and streamlining the patent application and approval process.
3. Providing financial support and incentives for renewable energy innovators.
4. Developing specialized IP laws and regulations for the sector.
5. Strengthening enforcement mechanisms for IP protection.
6. Promoting domestic research and development in renewable energy technologies.
Addressing these challenges will help Nigeria realize the full potential of renewable energy and drive sustainable development while protecting the intellectual property of innovators in the sector.
CONCLUSION
The development of renewable technologies in Nigeria is an important step towards reducing the country’s dependence on fossil fuels. While progress has been made in recent years, there is still a long way to go. The government and the private sector need to continue to provide incentives for the development of renewable energy technologies and ensure that the necessary infrastructure is in place to support their deployment.
[1] Georgetown Law, “Intellectual Property Law”, Available at https://www.law.georgetown.edu/your-life-career/career-exploration-professional-development/for-jd-students/explore-legal-careers/practice-areas/intellectual-property-law/ [8]
[2] Science Direct, “Renewable Energy Technologies”, Available at https://www.sciencedirect.com/topics/engineering/renewable-energy-technologies [9]
[3] WUR Energy, “Renewable energy: An Overview” https://www.nrel.gov/docs/fy01osti/27955.pdf [10]
[4] Oyedepo, S.O. “Energy and sustainable development in Nigeria: the way forward.” Available on https://doi.org/10.1186/2192-0567-2-15 [11]
[5] Ramchandra P, Boucar D, Green Energy and Technology. ( Springer, London Dordrecht Heidelberg New York; 2011) Google Scholar
[6] Available at https://punchng.com/fg-plans-five-million-solar-power-units-in-rural-communities/#:~:text=Kindly%20share%20this%20story%3A,to%20the%20national%20electricity%20grid [12]
[7] Available at http://www.ecowrex.org/news/katsina-state-will-be-home-first-nigerian-wind-farm#:~:text=The%20small%20village%20of%20Rimi,is%20almost%20ready%20for%20commissioning [13]
[8] Yunus Kemp, “Nigeria to launch cassava biomass project for renewable energy generation”. (ESI AFRICA) (April 24, 2023) Available at https://www.esi-africa.com/energy-efficiency/nigeria-to-launch-cassava-biomass-project-for-renewable-energy-generation/#:~:text=A%20cassava%20biomass%20pilot%20project,%2C%20bio%2Dethanol%20value%20chain [14]
[9] IRENA, Renewable Energy Roadmap: Nigeria Available at https://www.irena.org/Publications/2023/Jan/Renewable-Energy-Roadmap-Nigeria [15]
[10] Section 1 of the NESI 2023
[11] Section 80 of the NESI 2023
[12] Food and Agriculture organization of united nations (FAOLEX DATABASE) “National renewable energy and energy efficiency policy (NREEEP)” available at https://www.fao.org/faolex/results/details/en/c/LEX-FAOC211220/#:~:text= This%20National%20Policy%20aims%20at,activities%3B%20declaring%20energy%20efficiency%20as [16]
[13] JOIN IEA/IRENA Policy and Measures Database, “Nigeria Feed-in Tariff for Renewable Energy Sourced Electricity” (August 23, 2017)available at https://www.iea.org/policies/5974-nigeria-feed-in-tariff-for-renewable-energy-sourced-electricity [17]
[14] Section 13 and Section 2 of the Environmental Impact Assessment Act
[15] Section 31 of the Nation Environmental (Energy Sector) Regulations, 2014
[16] Section 33 ibid