IP and the commercialisation of genomic tech in Nigeria

Genomic innovations involve vast amounts of research, making patents, copyrights, and trade secrets vital, explains Olusola Tunmise-Ajani of Inventa International.

The intersection of intellectual property (IP) and genomics is reshaping the landscape of healthcare, biotechnology, and business in Nigeria. Genomics—the study of an organism’s entire genetic material—has profound implications for medical research, personalised medicine, agriculture, and pharmaceutical innovations.

However, ensuring equitable benefits and commercial viability requires a robust IP framework.

This article explores how IP protections can incentivise genomic research, how businesses can leverage these advancements, and the societal impacts of genomics on health and economic development in Nigeria.

The interplay between IP and genomics

Genomic innovations involve vast amounts of research, making patents, copyrights, and trade secrets crucial in protecting discoveries. IP rights grant exclusive control over genetic sequencing techniques, diagnostic tools, and biopharmaceutical products, encouraging investment in research and development (R&D).

1. Patents: Patent law plays a central role in protecting biotechnological inventions, including genetic modifications and DNA-based diagnostics. The Nigerian Patents and Designs Act (Cap P2 LFN 2004) governs patent applications, requiring novelty, inventive steps, and industrial applicability.
2. Trade secrets and data protection: The confidential nature of genomic databases makes trade secret protection vital for companies involved in genetic sequencing and bioinformatics.
3. Copyrights and software protections: The Nigeria Copyright Act protects software used in genomic data analysis, ensuring fair usage while incentivising innovation.

Genomics as a business tool

Genomics offers vast commercial opportunities, from precision medicine to agricultural biotechnology. Businesses can harness genomic advancements in the following ways:

• Pharmaceuticals and biotechnology: Companies developing gene therapies, vaccines, or personalised medicine rely on strong IP protections to commercialise their innovations.
• Agriculture and food security: Genetically modified (GM) crops can enhance yield and resistance, with patents ensuring exclusive rights to new plant varieties.
• Medical diagnostics and AI integration: Startups using AI-driven genomic sequencing for early disease detection can leverage IP to maintain a competitive edge.
• Data commercialisation: Companies managing genomic databases can monetise anonymised genetic information while ensuring compliance with Nigeria’s data protection laws.

Health and socio-economic impacts of genomics

Physical and mental health benefits

Genomics can revolutionise healthcare by enabling personalised treatments for genetic disorders, sickle cell anemia (prevalent in Nigeria), and cancer therapies. Understanding genetic predispositions also aids in preventive medicine, reducing healthcare costs and improving life expectancy.

Economic advancement and job creation

A thriving genomics industry will stimulate job creation across biotech startups, research institutions, and regulatory agencies. Moreover, international collaborations in genomic research can attract foreign direct investment (FDI) into Nigeria’s health and technology sectors.

Ethical and social considerations

Despite its promise, genomics raises concerns about genetic discrimination, data privacy, and bioethics. Clear policies must be in place to protect individuals from misuse of genetic data by insurers or employers.

Regulatory and compliance framework in Nigeria

For businesses utilising genomics and IP, navigating Nigeria’s regulatory landscape is essential. Key regulatory bodies and laws include:

• National Office for Technology Acquisition and Promotion (NOTAP): Regulates technology transfer agreements, including genomic research collaborations.
• National Agency for Food and Drug Administration and Control (NAFDAC): Ensures compliance with biotechnology standards for pharmaceuticals and GM foods.
• National Biosafety Management Agency (NBMA): Oversees genetically modified organisms (GMOs) in Nigeria.
• Nigeria Data Protection Act (2023): Safeguards genomic data, ensuring privacy and ethical use in research and commercialization.

Call to action for business owners and stakeholders

To foster a thriving genomics industry while ensuring public health and economic growth, key stakeholders must take the following steps:

• Biotech start-ups and investors: Leverage IP protections to secure funding and commercialise genomic research.
• Pharmaceutical and healthcare companies: Collaborate with research institutions to develop genomic-based therapies while ensuring compliance with Nigeria’s IP and regulatory frameworks.
• Agricultural businesses: Invest in genetically modified crops and secure patents to drive innovation and sustainability in food production.
• Regulatory and legal experts: Advocate for stronger IP laws that balance innovation with accessibility to genomic resources.
• Government and policymakers: Provide incentives, such as tax breaks and funding, to encourage genomic research and development while implementing clear guidelines on genetic data protection.

Summary

Nigeria’s genomic revolution must be underpinned by strong IP policies, ethical considerations, and regulatory compliance. As businesses and researchers explore genomic advancements, ensuring a well-defined legal framework will facilitate innovation while protecting societal interests.

By embracing IP protections and ethical genomic practices, Nigeria can unlock economic growth, improve healthcare outcomes, and establish itself as a leader in genomics-driven industries.

Strategic collaboration between government agencies, research institutions, and private enterprises will be essential in transforming genomics into a profitable and socially responsible industry.

Olusola Tunmise-Ajani is a trademark and patent attorney at Inventa. She can be contacted at oaleru@inventa.com