The Nigerian Copyright Commission (NCC) and the World Intellectual Property Organization (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, stated that the initiative aims to deliver win-win outcomes for stakeholders.
Asein highlighted that both organisations would intensify efforts to introduce a co-administered ADR program, which would enable more local disputes to be resolved through mediation, with WIPO’s support.
This initiative builds on the ongoing partnership between the NCC and WIPO, formalized 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 explained.
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 dispute resolution to sustain Nigeria’s vibrant and growing creative industry.
He noted that while litigation has traditionally been the default option, it is often incompatible with outcomes that preserve business relationships in intellectual property disputes, making ADR a more preferred alternative.
Asein listed several copyright litigations where the outcomes had been unsatisfactory, citing issues such as the inappropriate use of interlocutory orders, mischaracterization of facts, faulty conclusions, and excessive delays in the determination of cases.
Referring to delays in court processes, the NCC boss observed that “justice delayed is not only justice denied but injustice delivered.”
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Welcoming WIPO’s renewed support to strengthen the commission’s mediation program, the NCC Director-General highlighted the enabling provisions of the new Copyright Act, 2022, which explicitly empowers the commission to settle disputes and provide 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. He added that such a framework would strengthen and promote ADR as a credible and efficient platform for resolving copyright disputes.
“I urge industry practitioners to include ADR clauses in copyright-related contracts,” he said. “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.”
In his presentation on the 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 also 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.
