The Nigerian Copyright Commission (NCC) and the World Intellectual Property Organization (WIPO) have reaffirmed their commitment to promoting the use of Alternative Dispute Resolution (ADR) in resolving copyright-related disputes.
In a statement issued in Abuja, the NCC’s Director of Public Affairs, Mrs. Ijeoma Egbunike, quoted the Commission’s Director-General, Dr. John Asein, as saying “the initiative aims to deliver win-win outcomes for all stakeholders.”
According to Asein, “both bodies will step up efforts to establish a co-administered ADR programme that will allow more local disputes to be resolved through mediation with WIPO’s backing.”
He explained that the initiative builds on the existing collaboration between NCC and WIPO, which was formalised through a Memorandum of Understanding (MoU) in 2021.
“Under that agreement, the NCC became a key partner in the use of the WIPO Mediation Center for intellectual property disputes of international scope,” Asein said.
Speaking during the WIPO Nigeria Office’s monthly webinar themed ”The Need for Alternative Dispute Resolution in the Field of Intellectual Property, Asein underscored the importance of fast, efficient, and professional dispute resolution mechanisms in sustaining Nigeria’s dynamic and expanding creative sector.
He observed that although litigation has long been the default approach, it is often unsuited to outcomes that preserve business relationships in intellectual property matters, making ADR a more attractive option.
Citing several copyright cases with unsatisfactory results, Asein pointed to challenges such as improper use of interlocutory orders, misrepresentation of facts, flawed judgments, and undue delays.
On judicial delays, he said: “Justice delayed is not only justice denied but injustice delivered.”
Asein welcomed WIPO’s renewed commitment to strengthening the NCC’s mediation programme and highlighted the provisions of the new Copyright Act, 2022, which explicitly authorises the Commission to provide ADR mechanisms.
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He further assured stakeholders that, working alongside the Nigerian Bar Association’s Section on Business Law, intellectual property lawyers, and judicial leaders, the NCC would develop a comprehensive regulatory framework to entrench ADR as a credible and effective avenue for resolving copyright disputes.
“I urge industry practitioners to incorporate ADR clauses in copyright-related contracts,” he said.
“The Commission, in partnership with WIPO and other stakeholders in the creative sector, will train and accredit mediators and arbitrators with expertise in intellectual property. This will ease court congestion, facilitate swift dispute resolution, restore confidence in the copyright system, and maintain a business climate that encourages investment and creativity.”
Delivering a presentation on 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 centre and how the co-administration scheme would work.
He added that, with support from South Korea, WIPO would provide the NCC with technical assistance and capacity-building support to train staff and other qualified individuals who would serve as mediators under the programme.