NCC, WIPO renew partnership to strengthen ADR for copyright cases
NCC, WIPO renew partnership to strengthen ADR for copyright cases
The Nigerian Copyright Commission (NCC) and the World Intellectual Property Organisation (WIPO) have reaffirmed their commitment to promoting Alternative Dispute Resolution (ADR) mechanisms for resolving copyright-related disputes.In a statement released in Abuja on Sunday by the NCC’s Director of Public Affairs, Mrs Ijeoma Egbunike, the Director-General of NCC, Dr John Asein, said the initiative aimed to deliver win-win outcomes for stakeholders.
Asein noted that both organisations would intensify efforts to introduce a co-administered ADR programme, which would enable more local disputes to be settled through mediation with WIPO’s support.
The move builds on the ongoing partnership between NCC and WIPO, which was formalised through a Memorandum of Understanding (MoU) in 2021.
“Under that agreement, the NCC became a frontline partner in the use of the WIPO Mediation Center for intellectual property disputes with international dimensions,” he said.
Speaking at the monthly webinar of the WIPO Nigeria Office on “The Need for Alternative Dispute Resolution in the Field of Intellectual Property” Asein emphasised the need for speedy, efficient, and professional 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.
He 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, NCC boss observed that “justice delayed is not only justice denied but injustice delivered.”
Welcoming WIPO’s renewed support to strengthen the commission’s mediation programme, NCC D-G highlighted the enabling provisions of the new Copyright Act, 2022, which explicitly empowered the commission to settle disputes and provide for ADR mechanisms.
Asein assured stakeholders that, in collaboration with the Nigerian Bar Association’s Section on Business Law, intellectual property lawyers, and Heads of Courts, the commission would chart the way forward and develop a robust regulatory framework.
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He added that such framework would strengthen and promote ADR, as a credible and efficient platform for resolving copyright disputes.
”I urged industry practitioners to include ADR clauses in copyright-related contracts.
“The Commission will work with WIPO and other stakeholders in the creative industry to train and accredit mediators and arbitrators with IP expertise.
” This will 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,” he added.
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 further 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
