ADPA: You were here at the NCC 14 years ago, what has changed in terms of IP Policy?
Prof: Thank you very much for the privilege and honour to say a few things. I was here 14 years ago and after my disengagement I am still very active in some of the programmes of the NCC. Looking back, I can say a lot has changed positively in that regard. When I was here, one of the challenges we identified as impediment was mainstreaming IP into national economic growth and policy of the government. At all levels, there was the absence of a National IP Policy. Without a National IP Policy, you will discover that things will not just work out as it should and this can affect the coordination of IP offices in the country creating overlapping of functions and inter-agency rivalry. An IP Policy is like a road map for all IP agencies.

I thank the NCC for pushing up the Policy and we also have to be grateful to World Intellectual Property Organsation (WIPO) for facilitating the process. Incidentally, I was a part of the drafting committee that worked on the process around 2020. I thank God for the encouragement I received from the current DG, Dr. John Asein. We have finished the first stage of the IP Policy process; WIPO is happy and we are motivated to push for the second phase of the process.

ADPA: On implementation of the IP Policy, what are the benefits for stakeholders?
Prof: Once the Policy is in place, government cannot close its eyes to the IP sector. Looking at the policies in place in the various IP Agencies and the Economic Needs Assessment rolled out by Prof. Charles Soludo during his tenure as the Governor of Central Bank, there was no provision for IP in the whole assessment but only a paragraph acknowledging the potential of Nigerian Film industry and IP is much bigger than that.
Even in subsequent National Economic Development Plan, little attention was given to IP but the narrative has changed over the years. Government has tried over the years to reach out to the creative sector in terms of developments but the approach appears not to be coordinated as there is need for more interaction with key players in the sector. Currently all these are playing out because of a proper road map.

With the IP Policy in place, there will be a leeway for stakeholders in the industry as we can address the legal framework; integrate the efforts of all the Government IP Agencies; and pull our resources together and see how we can collaborate and come up with proper initiative that will be beneficial to the entire sector.
We are delighted about the outcome of the Policy because it will bring about a positive milestone that will cascade to the development of the creative sector of the Nigerian economy.

ADPA: With the passage of the IP Policy what will be the impact on the new Copyright Act?
Prof: Apart from some of the challenges stated earlier, another challenge was the Copyright Act. The Act was drafted in 1988 and the Act was overdue for reform as the penalty clause had become inadequate and could encourage an intending infringer as it does not deter. The flavour of deterrence in the Act had become obsolete looking at the value of the naira after many years.

The world too has also moved forward as we are now in the digital age which is affecting the copyright world and our laws are not adequate enough. Thank God for the Commission as they continue to stretch the limited provisions of the law to cover up for its operations and activities, but how far can it go? The old Act was really a big constraint and several efforts were made for the reform. It was also a thing of joy when government enacted and changed the old Act.

One of the key things identified during the draft of the IP Policy is that the existing legal framework for the IP regime in Nigeria must be reworked it was not adequate if the country wants to succeed in building a virile National IP growth and development. Interestingly, most of the issues noted in the draft IP Policy have been tackled in the new Copyright Act.

The new law is a step in the right direction but new things are emerging like Artificial Intelligence (AI) which has to be addressed for the copyright sector and for the larger IP sector. The issue of folklore is yet to be harnessed because the Commission is still challenged with many things in terms of resource but with subsequent reforms, I believe this will be tackled with initiatives that will be put in place.

ADPA: On the 19th August 2024, the Commission was 35, what is your message to the NCC?
Prof: The 35th Anniversary of the Commission cannot be pushed aside going by the antecedents of previous celebrations. The Commission has done a lot despite the constraints confronting it. In terms of career development, I am grateful to God because of the opportunity of working at the NCC in my chosen field of IP. The practical exposure gained working at the Commission changed a whole lot about me, as it changed my perspective entirely working now as an IP lecturer. It has made me a reference point in my university today as I am always consulted on any issue that has to do with IP. The robust and incisive understanding of IP is quite unusual because of the opportunity to work at the NCC. This is something that we need to celebrate.

Without the push from the NCC, the IP sector in Nigeria would have still been in the wildernesses. Looking at other agencies that have the mandate to do something about IP, there is none like the NCC, when it comes to being in the forefront and ensuring that the IP potential of Nigeria is harnessed for national economic growth and development.

As a member of the drafting committee working on the copyright sector, I received maximum support from the NCC because of the passion and the unparallel commitment of the management and staff of the Commission.
Among stakeholders, taking a look at the Collective Management Organisations (CMO), the Commission has done a lot. It is not easy to regulate the music industry in Nigeria, particularly where people make money unregulated. In terms of copyright jurisprudence in the Nigerian Music industry, cases from the Commission with particular reference to CMO always come up. This is because of the great effort the Commission has made with its prosecutorial efforts.

The engagement of the Commission with tertiary institutions has also helped a lot in promoting IP awareness in Nigeria. It is right to say no IP agency in Nigeria has put in so much effort and resources in promoting IP awareness like the NCC in Nigeria by embarking on so many sensitisation programmes in different institutions across the country.

ADPA: You are coming from the University environment; research has identified the youths as the demography that is most involved in the use of copyright works what are you doing to enshrine a culture of respect for copyright and how can the NCC support your effort?
Prof: Enthroning the culture of respect for creativity is more than what one person can do particularly in the university environment. There are cases of serious violation of copyright in Nigerian Universities. Even in the other tertiary institutions there are violations of copyright as people reproduce and photocopy other people’s work. Most of them do it without knowing that what they are doing is wrong. This is thriving but one-man campaign cannot stop these. At different forums and symposiums, I presented papers to dissuade this practice even cornering an award by the university to that effect but there is still a lot to be done.

Thank God for the mandate of the NCC but there is need for Repronig to wake up and live up to its responsibilities in checkmating infractions in the book industry. They are the big stakeholder in the university. I recall that efforts were made in the past by Repronig to meet with university management in different institutions sensitising them on the dangers of unbridled violation of copyright works. They succeeded to an extent by approaching universities to sign MoUs whereby each university will be paying to Repronig and they will be given permission to operate.

The business of photocopying sprang up because of the university’s inability to stock their library with required books because of inadequate funding. The business is thriving because the sensitisation about the copyright violation is low. Enlightenment is very important but there is a limit to what NCC can do in that regard, copyright is private right not public right, it is the stakeholders that must wake up. If Repronig can move around and engage the management of various tertiary institutions and make them understand that they are accommodating criminality under the guise of training. When this is done, it will facilitate more MOUs and make money available to Repronig.