IP Infringement; Blame Yourselves Not Pirates

By Festus-kator Inyon

Dear victims and victims to come
The sham network of modern day organized criminals called marketers in Nigeria and other countries are having fun with your brainwork because they are aware of your diversity and self-seeking prowess. Apparently having dislodge and planted your only available defense (NCC) under their control you are left naked like a vulnerable toilet roll that has no right of refusal when eventually you want to use it for whatever purpose.

Nigerian Intellectual Property Owners especially the literary, artistic, film makers and pharmaceutical companies should create a national body regulating all marketers/distributors in the country, compelling them to register with the body (Nigerian Society of Intellectual Property N.S.I.P) before any member of Nigerian Society of Intellectual Property (NSIP) can give rights of distribution. With this they can be able to suspect and report any pirate activity at an early stage to the appropriate authority, as well as when other needs or concerns bothering NSIP arise.

Consequently, Looking at the current incompetent leadership of Nigerian Copyright Commission (NCC), had it been there was such body (Nigerian Society of Intellectual Property), it's would have unanimously written to Mr. President and the National Assembly calling for the immediate sack of Mr. Afam Ezekude NCC Director General. Without such unifying strong body in place, I am afraid Nigerian intellectual property owners will continue borrowing money to pay their children's fees.

But with the body in place, it will make intended efforts to further popularize and promote online viewing pay-channels, sales and rent stores such as Netflix, iTunes, Xbox, Amazon, Google play, IrokoTV, Redbox etc and the need to watch movies from theatre platforms.

The body will also dictate fair payment from cable network broadcasters such as Dstv, Startimes, GoTv, MultiTV etc. for commercial use of it members IP. Instead of the current peanuts been offered.

There is every need to amend our current anti-piracy measures to fit global best practices, or like i always say we need to start building models for international communities to emulate. creation of Nigerian Society of Intellectual Property (NSIP) and endorsement of it by all intellectual property owners (IPOs) will further boost IPO relevance to IP decisions.

This body can press home other demands such as amendment of the copyright, trademark and patent outworn acts respectively. Also, speaking with one voice NSIP can call on the legislature to pass a bill for the establishment of Nigerian Intellectual Property Commission (NIPCOM) to harmonize all (Copyright, Trademark, Patent Acts) Intellectual Property Rights (IPRs) enforcement agencies under NIPCOM. Hence it is not just about having stiff laws but, about creating a actively strong enforcement commission.

I wholeheartedly agree with Solomon Nda-Isaiah That, the symbolic burning of pirated CDs will not help the situation, because when you burn the CDs the pirates also go underground to burn more copies for sale. The government and industry practitioners are not doing enough to fight this disease called piracy. I know entertainers have sporadically been standing up against it, but more needs to be done to stifle the scourge.

The Nigerian Society of Intellectual Property (NSIP) can seek backing and partnership from several other concerned bodies like World Intellectual Property Organization (WIPO), WTO's Trade-Related Aspects of Intellectual Property Rights (TRIPS), International Association for the Protection of Intellectual Property (IAPIP), Intellectual Property Lawyers Association of Nigeria (IPLAN) Anti-Counterfeiting Collaboration (ACC) Etc.

To enable it carryout smooth actions such as creating awareness and sensitizing the populace about IPRs infringement and the need for a collective effort to fight IPRs infringement. As well as what the law says about infringement and those who patronize counterfeit. i must say and you reading this will agree with me that little or nothing has been done in the area of public enlightenment.

In fact i am of the opinion that the Nigeria Society of Intellectual Property (NSIP) coming on board should declare an industrial action as a way to protest the unalloyed romance, pirates are having with IPR enforcement agents as well as the intimidation currently carried out by pirates. Calling movie producers to demand for money else they will release ones legally acquired, creatively and hard work property, or is it because these properties are intangible? It's like you calling Aliko Dangote threatening to release counterfeit cement bearing his company name into the market if he doesn't pay you a sum. I mean this is crazy, it shouldn't be happening. Studios in Bangladesh (Dhaliwood) went on strike in 2004 to call on their government prior attention to piracy. Similarly Ethiopian musicians were once on a 7 month strike to call on stiffer approach to piracy.

A criminal investigation should be initiated by complaint from right holders but the commission shouldn't wait for one before they can act. in a situation where the commission is silent, the Nigerian Society of Intellectual Property can always raise an alarm, strongly demanding for the arrest and prosecution of pirates, and not business as usual.

Nigeria socio-economic future is in jeopardy if nothing is consciously and continuously done to curb this economic-ebola disease.

Today is Biyi Bandele, Kunle Afolayan, Ayo Makun, Obi Omelonye, Lancelot Oduwa Imasuen, Emem Isong etc tomorrow might be you. #StandUpAgainstPiracy #StopPiracyNow

INYON, Festus-Kator | 🐦 @afic
IPR Promoter | Freelance Writer

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