National policy on intellectual property rights ready soon

By Ibrahim Apekhade Yusuf

The long search for an effective national policy on intellectual property rights may soon be over as plans have reached advance stage to get it out, according to the draftsmen working on the policy document, The Nation has learnt.

Giving insight on the status of the document, Nosakhare Uwadiae, Managing Partner, Gee Law Firm, Lagos, while fielding question on the sidelines of the webinar oragnised by the Advertising Practitioners Council of Nigeria (APCON) in collaboration with the Nigerian Copyright Commission (NCC) with the theme, ‘Intellectual Property and Copyright issues in the Advertising Industry,’ observed that there have been concerted efforts to get the nation a workable policy on intellectual property rights to no avail.

A policy brief on IP, Uwadiae insist, is very necessary because it is expected to help boost the knowledge industry substantially, adding that this explains why there is renewed interest in getting a proper legal framework for it.

Uwadiae was however quick to admit that all the ongoing efforts is going to pay off this time around and it will crystallise into a workable policy in the not too distant time.

The national IP system is a policy area of potentially significant impact which allows a market-based economy to produce innovation while providing solid ground for other types of government intervention to be more effective.

Major items which can be enforced under intellectual property includes: Copyrights, Trademarks, Patents, Trade Dress, and Trade Secrets, amongst others.

With over $287million lost to intellectual property theft annually, experts agree that it is a cause for concern if the nation’s economy must reap bountifully from the proceeds of IP.

Speaking on the merit of IP, the keynote speaker, Mr. John Asein, Director-General, Nigerian Copyright Commission (NCC) said it can be enforced when a person or company hires a designer, computer programmer, artist or other independent contractor, the party that is hiring will own whatever work is created, including all rights under any trademark, patent or copyright. Intellectual property examples would include books, music, inventions and more.

While noting that there have been various efforts at strengthening IP rights and protection in Nigeria, the challenge of common infringements take the form of piracy, counterfeiting, unauthorised/unlicensed use and unfair competition, remain.

Advertising practitioners, he stressed, must not just be gatekeepers but must ensure that copyrights procedures are considered when conceiving any projects in order to safeguard against infringements.

He also suggested that copyrights compliance should be one of the yardsticks for approval by APCON.

Asein, formerly Head, Legal Department, Nigeria Copyright Commission between July 1992 and December 2006 with responsibility for general legal advice, vetting of contract and other legal documents, origination of draft legislative instruments, development of policy positions, representation at international negotiations, linkages with other intellectual property sectors, relations with stakeholders and rights owner’s groups, including all other legal matters pertaining to copyright law and administration, assured that the Commission is committed to the enforcement of copyright laws more than ever before.

“We must address this problem head on and that is a commitment from the NCC. That is why it can never be business as usual, because the loss to piracy is in billions, lives are lost.”

Justifying the need for the talkshop, which is the first in the series of such stimulating industry discussion, APCON Registrar/CEO, Dr. Olalekan Fadolapo said advertising practitioners and allied professionals must have a matter of urgency consider strict adherence to copyrights procedures to prevent identity thefts as well as infringements on the fundamental socioeconomic rights of persons including corporate entities.

Also sharing her views on the importance of the discourse, the webinar Moderator, Ms. Eyitemi Taire, who is the Founder and Managing Director of Gemini Place Apartments, Nigeria,  a marketing consultant, a well-rounded FMCG/ brand marketer with key experiences across all brand functions, cutting-edge communications development, innovations and projects expert, said the time to make copyrights the centre focus of planning creative endeavours is now in order to grow the creative sector and beyond.

Other panelists at the webinar include: Mr. Ikechi Odigbo Vice Chairman, DDB Lagos; Mr. Frank Oshodi, PROMAN President; Nosakhare Uwadiae, esq Managing Partner, Gee Law Firm, Lagos and Mr. Gerrard Osugo, Head, Media Planning & Management, 9mobile.