A framework for collaboration between the Nigerian Copyright Commission (NCC) and the World Intellectual Property Organization (WIPO) has been established upon the signing of a Memorandum of Understanding (MOU) in December 2020. Under the MOU, NCC and the WIPO Arbitration and Mediation Center collaborate to raise awareness of alternative dispute resolution (ADR) options to court litigation to resolve copyright disputes in Nigeria.
Parties can refer most contractual and non-contractual commercial disputes to WIPO ADR procedures, including copyright disputes.
For example, copyright contractual disputes may arise in licensing agreements, content distribution agreements, broadcasting agreements, software-related agreements, among others. Non-contractual disputes may be related to copyright infringement.
Mediation is an informal process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties' respective business interests. The mediator cannot impose a decision. The settlement agreement has force of contract.
How to refer a dispute to WIPO Mediation?
a) In the absence of a mediation agreement, a party that wishes to propose submitting a dispute to mediation (Unilateral Request) shall:
i. Complete and sign the Request for WIPO Mediation.
ii. Send the Request to the WIPO Center by email to email@example.com, to NCC by email to firstname.lastname@example.org and to the other party.
iii. Upon receipt of the Request, the WIPO Center would be available to provide information on the WIPO Mediation process to the other party. Should the other party be interested in participating in the WIPO Mediation process, such party shall sign and send the Request to the WIPO Center by email to email@example.com and to NCC by email to firstname.lastname@example.org.
b) If both parties agree to refer a dispute to WIPO Mediation (Mediation Agreement), the parties shall:
Appointment of the mediator and mediation procedure
The parties may agree in relation to the appointment of the mediator. Otherwise, the appointment shall take place in accordance with Article 7 of the WIPO Mediation Rules. The WIPO Center maintains a list of copyright specialized mediators from Nigeria. The WIPO Center will confirm the mediator’s impartiality and independence before appointment (Article 8 of the WIPO Mediation Rules).
The mediation shall be conducted in the manner agreed by the parties (Article 10 of the WIPO Mediation Rules). If, and to the extent that, the parties have not made such agreement, the mediator shall, in accordance with these Rules, determine the manner in which the mediation shall be conducted. Mediation meetings may take place in person or remotely, via teleconferencing or videoconferencing facilities, at the parties’ choice. The mediation will be confidential (Articles 15 to 18 of the WIPO Mediation Rules).
How much does WIPO Mediation cost?
Reduced administration and mediator’s fees apply in light of the NCC-WIPO collaboration.
|WIPO Administration Fee||Mediator’s Fees|
USD 100 per party (includes 4 hours of preparation and mediation)
Bank transfer: Payments in USD
Credit Suisse, CH-1211 Geneva 70, Switzerland
SWIFT Code CRESCHZZ80A
Credit card (for more information please contact email@example.com).
A procedure in which the parties submit their dispute to one or more arbitrators, for a binding and final decision (award).
A procedure in which the parties submit a specific matter (e.g., technical question, valuation of IP assets, establishment of royalty rates) to one or more experts who make a determination on the matter.
|WIPO Arbitration and Mediation Center
|WIPO Arbitration and Mediation Center
|Chemin des Colombettes 34
1211 Geneva 20
T +4122 338 8247 or 0800 888 549
F +4122 740 3700 or 0800 888 550
|Maxwell Chambers Suites
28 Maxwell Road #02-14
T +65 6225 2129
F +65 6225 3568