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The Nigerian Copyright Commission (NCC) and the World Intellectual Property Organization (WIPO) have renewed their commitment to the use of alternative dispute resolution (ADR) mechanisms in settling copyright disputes to achieve win-win outcomes.
To this end, both organisations will intensify efforts to introduce a co-administered ADR programme under which more local disputes will be resolved through mediation with the assistance of WIPO.
This initiative according to a statement on Sunday builds on the existing partnership between the two organisations, which was formalised through a Memorandum of Understanding in 2021. Under that's agreement, the NCC became a frontline partner in the use of the WIPO Mediation Center for intellectual property disputes with international dimensions.
Speaking at the monthly webinar of the WIPO Nigeria Office on The Need for Alternative Dispute Resolution in the Field of Intellectual Property in Abuja, the Director-General of the NCC, Dr. John Asein, emphasised the need for speedy, efficient, and professionally resolution of disputes to sustain Nigeria’s vibrant and flourishing creative industry.
According to him, while litigation has traditionally been the default pathway, it is often not compatible with outcomes that preserve business relationships in intellectual property disputes, making ADR a more preferred option.
Dr. Asein catalogued several copyright litigations where outcomes had been unsatisfactory, citing issues such as the inappropriate use of interlocutory orders, mischaracterisation of facts, faulty conclusions, and inordinate delays in the determination of cases. Referring to the delays in court processes, he observed that “justice delayed is not only justice denied but injustice delivered.”
Welcoming WIPO’s renewed support to strengthen the Commission’s mediation programme, Dr. Asein highlighted the enabling provisions of the new Copyright Act, 2022, which explicitly empower the Commission to settle disputes and provide for ADR mechanisms.
He assured stakeholders that, in collaboration with the Nigerian Bar Association’s Section on Business Law, intellectual property lawyers, and Heads of Courts, the NCC would 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.
Dr. Asein urged industry practitioners to include ADR clauses in copyright-related contracts.
He 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.
In his presentation on Introduction to the ADR Co-Administration Project, Mr. Leandro Toscano, Head of the Business Development and Digital Content Disputes Section at the WIPO Arbitration and Mediation Center, explained the operations of the Center and how the co-administration project would function.
He disclosed that WIPO, with support from South Korea, would provide the NCC with technical assistance and capacity-building support to train staff of the Commission and other qualified individuals who would serve as mediators under the scheme.