NIGERIA: NEW LAW STRENGTHENS IPR

UNCLAS ABUJA 000683 SIPDIS SIPDIS TREASURY FOR DPETERS DEPARTMENT FOR AF/W (SILKI) AND AF/EPS (POTASH) DEPARTMENT PASS TO USTR (AGAMA) USDOC FOR 3317/ITA/OA/KBURRESS USDOC FOR 3130/USFC/OIO/ANESA/DHARRIS E.O. 12598: N/A TAGS: KIPR ECON NI SUBJECT: NIGERIA: NEW LAW STRENGTHENS IPR ¶1. Summary. Piracy remains a major challenge in Nigeria, however, the Copyright Optical Discs Plant Regulation 2006 (CODPR) should improve the situation. The CODPR empowers the Nigerian Copyright Commission (NCC) to implement a new policy framework under the Strategic Action Against Piracy (STRAP) program. The NCC will have the power to oversee administrative and enforcement measures regarding the production of optical discs (od) countrywide. End Summary. . UNVEILING NEW REGULATION -------------- . ¶2. At the public presentation of the Copyright Optical Discs Plant Regulation 2006, Adebambo Adewopo, Director-General of the Nigerian Copyright Commission (NCC),reported that piracy remained the major hindrance to the development of the entertainment industry and had a major impact on the Nigerian economy. He commented that the losses had been immeasurable and that nine out of every ten CDs, VCDs, and DVDs circulating in Nigeria were pirated. These pirates had stunted the growth of Nigeria's intellectual base and cheated Nigerian artists. He said "We cannot allow them to carry on business as usual." . PUTTING THE CLAMPS ON PIRATES -------------- . ¶3. The CODPR gives teeth to the NCC's ability to implement administrative and enforcement measures regarding the production of ODs. The new measures also allow the NCC to monitor the importation and exportation of OD products. The NCC will have the right to inspect copyright law applications and enforce compliance with producers in the music and movie industries. ¶4. CODPR mandates the NCC to ensure the yearly registration and licensing of all manufacturers, importers and exporters of ODs, production parts, raw materials and manufacturing equipment involved in the production of copyrightable creative works. Moreover, the CODPR provides for a detailed inspection regime to ensure that minimum standards of best copyright compliant practices, such as, proper record-keeping and use of appropriate security codes are observed in production. ¶5. Adewopo also identified other copyright administrative measures currently in operation including: -- The Video Rental Scheme designed to regulate the video rental business. -- The Copyright Notification Scheme to create a databank of authors and works. -- The Hologram Scheme to serve as an anti-piracy security device at the production level. ¶6. Adewopo confirmed that the CODPR was recently presented to the public, in Federal Government Gazette No 63, Vol. 93 December 20, 2006 in Lagos. . COMMENT -------------- . ¶7. The CODPR will enhance the NCC's abilities to crack down on pirates. This new NCC driven anti-piracy campaign is a welcome development. Nigeria is a huge country and the NCC is a small agency with limited resources. Its new found powers will have a positive effect on piracy in Nigeria, but the huge scope and scale of piracy will limit the CODPR's effectiveness. In addition, greater coordination will be required with other law enforcement agencies such as the police and the Economic and Financial Crimes Commission to make a major impact. CAMPBELL