From Godwin Tsa, Abuja
The Nigerian Copyright Commission (NCC) and the World Intellectual Property Organisation (WIPO) have agreed to embrace Alternative Dispute Resolution (ADR) mechanisms in settling copyright disputes.
Accordingly, both organisations will henceforth intensify efforts to introduce a co-administered ADR programme under which more local disputes will be resolved through mediation with the assistance of WIPO. A statement by the Director of Public Affairs of the NCC, Mrs Ijeoma Egbunike, explained that this initiative was rooted in an existing partnership between the two organisations.
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Under the partnership, which was formalised through a memorandum of understanding in 2011, the NCC became a frontline partner in the use of the WIPO Mediation Centre for Intellectual Property disputes with international dimensions.
Meanwhile, the Director General of NCC, Dr John Asein, has emphasised the need for speedy, efficient, and professional resolution of disputes to sustain Nigeria’s vibrant and flourishing creative industry. He spoke at the monthly webinar of the WIPO Nigeria office on the need for Alternative Dispute Resolution in the field of intellectual property, held at the weekend.
Asein noted that while litigation has traditionally been the default pathway, it’s often not compatible with outcomes that preserve business relationships in intellectual property disputes, making ADR a more preferred option. The NCC boss listed several copyright litigations where outcomes had been unsatisfactory, referencing issues such as the inappropriate use of interlocutory orders, mischaracterisation of facts, faulty conclusions, and inordinate delays in the determination of cases.
He further referred to delays in court processes, while observing that “justice delayed is not only justice denied, but injustice delivered.” Asein, who welcomed WIPO’s renewed support to strengthen the commission’s mediation programme, highlighted the enabling provisions of the new Copyright Act, 2022, which explicitly empower the NCC to settle disputes and provide for ADR mechanisms.
He disclosed that the NCC is collaborating with the Nigeria Bar Association (NBA) section on business law, intellectual property lawyers, and heads of courts to chart the way forward and develop a robust regulatory framework “to strengthen and promote ADR as a credible and efficient platform for resolving copyright disputes.”
While urging industry practitioners to include ADR clauses in copyright-related contracts, Asein pledged that the commission would work with WIPO and other stakeholders in the creative industry to train and accredit mediators and arbitrators with IP expertise. This, he noted, would help decongest the courts, ensure prompt resolution of disputes, restore confidence in the copyright system, and sustain a business environment that fosters investment and creativity.
Speaking at the programme, the Head of the Business Development and Digital Content Disputes Section at the WIPO Arbitration and Mediation Centre, Mr Leandro Toscano, explained the operations of the centre and how the co-administration project would function.
Toscano, in his presentation on the introduction to the ADR co-administration project, further disclosed that WIPO, with support from South Korea, would provide the NCC with technical assistance and capacity-building support to train its staff and other qualified individuals who would serve as mediators under the scheme.
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