VZCZCXRO5927
RR RUEHMA RUEHPA
DE RUEHOS #0405/01 2890728
ZNR UUUUU ZZH
R 150728Z OCT 08
FM AMCONSUL LAGOS
TO RUEHC/SECSTATE WASHDC 0231
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 9880
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC
RHEHNSC/NSC WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEWMFD/HQ USAFRICOM STUTTGART GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 03 LAGOS 000405 
 
SIPDIS 
 
STATE FOR AF/W, 
TREASURY FOR DFIELDS, AIERONIMO, RHALL 
DOC FOR 3317/ITA/OA/KBURRESS 
DOC FOR 3130/USFC/OIO/ANESA/DHARRIS 
LOC FOR USCO OMETZGER 
DOJ FOR MKOUAME 
STATE PASS USTR FOR USTR AGAMA 
STATE PASS USAID FOR GWEYNAND AND SLAWAETZ 
STATE PASS OPIC FOR ZHAN AND MSTUCKART 
STATE PASS TDA FOR LFITT, PMARIN 
STATE PASS EXIM FOR JRICHTER 
 
E.O. 12958: N/A 
TAGS: KIPR ECON EINV ETRD PGOV NI
SUBJECT: NIGERIA: OD TRAINING SUCCESSFUL BUT REVEALS 
INTERAGENCY SHORTCOMINGS 
 
REF: A. ABUJA 1364 
     ¶B. ABUJA 1039 
     ¶C. 2007 LAGOS 767 
     ¶D. 2007 ABUJA 2508 
     ¶E. 2007 ABUJA 2436 
 
SENSITIVE BUT UNCLASSIFIED ) NOT FOR DISTRIBUTION OUTSIDE 
USG 
 
¶1. (SBU) Summary: During the August 18-19 two-day Optical 
Disc (OD) Enforcement workshop, Nigerian government agencies 
made progress in better understanding major deficiencies in 
Nigeria,s IPR enforcement.  Despite the intentional harmful 
attempts by the Nigerian Copyright Commission (NCC) to 
sabotage the workshop, other agencies expressed appreciation 
for the program and said the workshop helped build 
interagency cooperation, and increase awareness.  USG 
trainers lamented that Nigeria,s results continue to lag 
behind other countries that have received similar 
USG-sponsored training in IP enforcement.  The increase in OD 
factories is particularly disappointing to the industry 
because the GON has been the recipient of numerous programs 
geared toward mitigation, yet the problem worsens.  USG 
participants agreed that further cooperation with the NCC 
would be limited and that upcoming programs should focus on 
Customs training and work with other agencies.  End summary. 
 
Training Targets Copyright Skills, Enforcement Agents 
--------------------------------------------- -------- 
 
¶2. (U) On August 18-19 in Lagos the USG hosted an Optical 
Disc Enforcement training for more than 65 Nigerian 
government officials and private sector stakeholders.  The 
workshop focused on practical issues regarding OD plant 
licensing, tracking sources of pirated optical discs and 
other investigative techniques.  The workshop follows a 
series of increased USG engagement on IPR in Nigeria and 
builds upon the November 2007 and June 2008 IPR workshops, 
January 2008 IP seminar on IP with Nigerian judges.  The goal 
of the August workshop was to move from basic IP 
investigative skills to skills that are specific to 
copyright, and to assess Nigeria's progress and challenges 
since the November 2007 workshop.  The training was led by 
interagency group with representatives of the U.S.  Copyright 
Office, the U.S. Department of Justice, the U.S. Drug 
Enforcement Agency, and the U.S. Department of Homeland 
Security, and was sponsored by State Department/INL funds. 
This cooperative approach emphasized the importance of 
coordinated inter-agency action to effectively combat 
copyright infringement. 
 
¶3. (U) Participants were drawn from the Nigerian Copyright 
Commission (NCC), the Economic and Financial Crimes 
Commission (EFCC), the Nigerian Customs Service (NCS), the 
Nigerian Police Force (NPF), the Federal Intellectual 
Property Law Association of Nigeria (IPLAN), the Performing 
Musicians Association of Nigeria (PMAN), the Standards 
Organization of Nigeria (SON), the Optical Disc Replicators 
Association of Nigeria (ODRAN), and a cross section of 
private sector stakeholders in the optical disc (OD) 
industry. 
 
GON Lack of Cooperation 
------------------------ 
 
¶4. (U) As a demonstration of the importance of interagency 
cooperation, the Embassy held several GON interagency 
meetings to properly plan and organize the workshop.  All 
agencies agreed upon the number of participants and the 
 
LAGOS 00000405  002 OF 003 
 
 
topics to be discussed several weeks beforehand. The USG 
planners had made it a priority that the EFCC and NCC have an 
equal number of participants in the workshop.  Although the 
NCC is the primary law enforcement agency for IP, past 
experience has found that the EFCC,s track record in 
effectively investigating IP crimes, including copyright 
infringement is much better. 
 
¶5. (SBU) At the beginning of the workshop, key agencies such 
as the EFCC, SON and Customs, had sent fewer participants 
than planned.  Following inquiries regarding why, it was 
revealed that the NCC Director General Adebambo Adewopo had 
sent letters to the heads of the various agencies requesting 
fewer participants in the workshop.  When confronted with 
this information, NCC officials admitted that the letters 
were sent and that it had been a mistake.  (Comment: We 
believe that the NCC intentionally attempted to weaken 
participation in the workshop and had also attempted to 
prevent private sector involvement in the workshop.  NCC,s 
actions greatly damaged their credibility as an organization 
devoted to working within the interagency process to stop, 
seize and prosecute IPR violators.  End Comment).  The other 
agencies expressed dismay and annoyance at the NCC,s actions 
and the atmosphere to begin the workshop had been poisoned. 
 
Topics Covered 
-------------- 
 
¶6. (SBU) Specific topics covered during the workshop included 
an overview of optical disc regulations, tracing corporate 
ownership, inspecting records, forensic tracking of optical 
discs and administration of source codes, raids, and legal 
proceedings post-raid.  Multi-agency panels led each segment, 
a structure which allowed participants to compare and 
contrast different practices by different countries and 
agencies.  Participants especially welcomed the session on 
conducting raids, led by EFCC and Department of Homeland 
Security, with contributions from the International 
Federation of Phonographic Industries (IFPI), DEA, FBI and 
NCC, on best practices for conducting raids, maintaining 
secrecy and surprise, agent safety, and evidence 
preservation.  The session gave participants the opportunity 
to address the NCC directly on issues they had observed 
during attempted raids.  During this segment, some 
disagreements between the EFCC and NCC emerged over the 
conduct and results of previous raids. In the course of the 
workshop, participants from other agencies raised concerns 
about the effectiveness of the NCC; they noted that better 
Nigerian inter-agency cooperation was needed, and that every 
government agency in Nigeria needed to work on IP 
enforcement. 
 
Field Trip Reveals NCC Shortcomings 
----------------------------------- 
 
¶7. (SBU) Participants visited two optical disc plants during 
the workshop: Sky Media, selected by the NCC, and EcoMax 
Media, selected by IFPI.  (Note: Industry representatives and 
those with financial interests in the optical disc industry 
were excluded from these visits.  End note.)  During the 
field visits, IFPI, NCC and plant representatives explained 
all relevant aspects of CD stampers, including where the 
manufacturer's code should be located, machinery terminology 
and production processes. 
Though plant inspections fall within NCC responsibilities, 
IFPI provided investigative tips and invaluable expertise 
during the plant visits.  Discrepancies and irregularities 
were visible at Skymedia of the two plants. 
 
 
LAGOS 00000405  003 OF 003 
 
 
¶8. (SBU) Comment: Momentum is continuing within the GON to 
address major deficiencies in Nigeria,s IPR enforcement. 
Despite the intentional attempts by the NCC to sabotage the 
workshop, the other agencies were pleased with the program 
and the workshop continued to build cooperation, and increase 
awareness.  However, much more needs to be done.  Nigeria is 
one of the largest markets in Africa, and U.S. industry 
representatives reported that the number of optical disc 
factories in Nigeria has grown to at least eighteen with a 
capacity to produce millions of disks.  Nigerian-made optical 
discs have already been found in Algeria, Senegal, Ghana, 
Zambia and South Africa.  USG trainers lamented that Nigeria 
continues to lag behind enforcement compared to other 
countries that have received similar USG-sponsored training 
in IP enforcement.  The increase in OD factories is 
particularly disappointing to industry because the GON has 
been the recipient of numerous programs geared to it, yet the 
problem worsens.  USG participants agreed that further 
cooperation with the NCC would be limited and that upcoming 
programs should focus on Customs training and work with other 
agencies.  End Comment. 
 
This cable has been cleared by Embassy Abuja. 
BLAIR