NIGERIA SPECIAL 301 - AGENCY MERGER STRENGTHENS IPR

UNCLAS SECTION 01 OF 02 ABUJA 000942 SIPDIS SIPDIS TREASURY FOR DPETERS DEPARTMENT PASS TO USTR (AGAMA) USDOC FOR 3317/ITA/OA/KBURRESS USDOC FOR 3130/USFC/OIO/ANESA/DHARRIS E.O. 12598: N/A TAGS: ECON KIPR ETRD NI SUBJECT: NIGERIA SPECIAL 301 - AGENCY MERGER STRENGTHENS IPR REF: A. STATE 56573 B.ABUJA 683 ¶1. Summary. The Nigerian government (GON) was pleased to hear that Nigeria was not placed on the U.S. Special 301 watch list. The merger of the Nigerian Copyright Commission (NCC) and Department of Commercial Law of the Federal Ministry of Commerce will improve the IPR situation in Nigeria. Nigerian officials hope that U.S. companies and the USG will provide more assistance. End Summary. . SPECIAL 301 REPORT -------------- . ¶2. On May 10, 2007 EconOff met with Adebambo Adewopo, the new Director-General of the recently established Nigerian Intellectual Property Commission (NIPCOM) to deliver reftel demarche regarding Nigeria's omission from the Special 301 watch list. Adewopo expressed appreciation for the USG decision and said that he appreciated USG support to Nigeria on IPR. He said that in his two years at the helm of the Nigerian Copyright Commission (NCC),he had worked tirelessly to convince the Nigerian government (GON) and the public of the importance of IPR to Nigeria's economic development. The NCC had made progress in engaging the public. He had spent more than 17 years on IPR as a professor and Dean at Lagos State University and as an IP lawyer. ¶3. Adewopo hoped that the U.S. would continue to assist Nigeria. He commented that IPR was not a priority within the GON leadership, but that he led a small, committed group within the GON. He said the U.S decision not to place Nigeria on the Special 301 list would aid him in the inter-agency battle to maintain support for IPR programs. . NIPCOM -------------- . ¶4. President Obasanjo recently created NIPCOM to serve as Nigeria's preeminent IPR regulatory and enforcement agency. The NCC absorbed the Patent Registry of the Department of Commercial Law of the Federal Ministry of Commerce. Adewopo was moved from Director General (DG) of the NCC to DG of NIPCOM. NIPCOM has more than 500 employees and expects to grow. Adewopo considers the merger good progress and believes it will help improve the IPR situation in Nigeria. He cautioned that NIPCOM had human and technical capacity deficiencies. Only in a third of the country did NIPCOM have even the minimum staffing and equipment. NIPCOM had enhanced powers to implement stiffer penalties, and expanded inspector rights and he expected more seizures and improved coordination within the GON. U.S. SUPPORT NEEDED -------------- ¶6. Adewopo contended that U.S. companies and the USG should provide more assistance. He underscored that many IPR violations in Nigeria were of U.S. products and that the U.S. had much to gain by further helping NIPCOM. Because Nigeria was the largest market in Africa, USG assistance could have a large impact. Adewepo said that if we put some of the concerns expressed in message regarding Nigeria and the 301 were presented in writing it would help make the case for more resources and attention for IPR in the interagency process. Post is preparing a letter based on reftel to address this request. . COMMENT -------------- . ¶7. Adewopo was genuinely thankful that Nigeria was not on the Special 301 list. He understood that the situation could change for 2008 if NIPCOM and the GON did not make further strides. The creation of NIPCOM is a sign of progress. However, NCC's budget was slashed more than 50% in 2007. Adewopo expected supplementary funds in 2007 would be forthcoming and ABUJA 00000942 002 OF 002 that the cut was more a budget oversight than a case of the GON deemphasizing IPR. CAMPBELL