Mediation for Copyright Disputes in Nigeria
NCC-WIPO Collaboration
The Nigerian Copyright Commission (NCC) and the World Intellectual Property Organization (WIPO) established a collaboration framework by signing a Memorandum of Understanding (MOU) on alternative dispute resolution (ADR). Under this framework, the NCC and the WIPO Arbitration and Mediation Center (WIPO AMC) have been collaborating to raise awareness on ADR options as an alternative to court litigation for resolving copyright disputes in Nigeria.
What types of disputes can be resolved through NCC-WIPO Mediation?
Parties can use NCC-WIPO Mediation to resolve most contractual and non-contractual commercial disputes, including copyright disputes.
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.
What is Mediation?
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 NCC-WIPO Mediation?
a) If there is no existing mediation agreement:
In the absence of a mediation agreement, a party that wishes to propose submitting a dispute to mediation (Unilateral Request) can submit a Request for NCC-WIPO Mediation. Upon receipt of the Request, the NCC, with the support of the WIPO AMC, will give the other party information about the NCC-WIPO Mediation process. If the other party agrees to participate, they must confirm their participation. The mediation process will then begin.
b) If both parties already agree to mediation:
If both parties agree to refer a dispute to NCC-WIPO Mediation, they can submit a Request for NCC-WIPO Mediation.
Submit a Request for WIPO Mediation facilitated by the NCC
Appointment of the mediator and mediation procedure
Parties will be invited to specify their preference regarding mediator selection, and they may choose between an internal or an external mediator.
- Internal Mediator
Internal mediator means a qualified staff member of the NCC who has undergone comprehensive training by the WIPO AMC on mediation of intellectual property (IP) disputes. A registration fee of NGN 25,000 (twenty-five thousand Nigerian Naira) applies to requests for mediation handled by an internal mediator.
- External Mediator
An external mediator is an independent, neutral third-party with expertise in mediation of IP disputes. The applicable fees for this service are shown below.
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 AMC maintains a list of copyright specialized mediators from Nigeria. The WIPO AMC 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 videoconferencing tools provided by the WIPO AMC. The mediation will be confidential (Articles 15 to 18 of the WIPO Mediation Rules).
How much does NCC-WIPO Mediation cost?
Should the parties opt for an external mediator, reduced administration and mediator fees shall apply in light of the NCC-WIPO collaboration, as shown in the table below.
WIPO Administration Fee |
Mediator’s Fees |
| USD 50 per party |
USD 100 per party (includes 4 hours of preparation and mediation) Additional hours: USD 50 per hour per party |
* To be paid after all parties agree to refer the dispute to NCC-WIPO Mediation. The filing of a Unilateral Request for Mediation is not subject to administration fees.
What other ADR options are available for copyright disputes?
Arbitration and Expedited Arbitration
A procedure in which the parties submit their dispute to one or more arbitrators, for a binding and final decision (award).
Learn more about WIPO Arbitration and Expedited Arbitration
Expert Determination
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.
Learn more about WIPO Expert Determination
Contact Information
| WIPO Arbitration and Mediation Center Geneva |
WIPO Nigeria Office |
|---|---|
| Chemin des Colombettes 34 1211 Geneva 20 Switzerland T +4122 338 8247 or 0800 888 549 F +4122 740 3700 or 0800 888 550 |
Plot 617/618 Diplomatic Zone Garki, Abuja Nigeria T +234.94.62.1800 Ext. 4501 |
Website: www.wipo.int/amc