VZCZCXRO2636
PP RUEHMA RUEHPA
DE RUEHUJA #2177/01 3091325
ZNR UUUUU ZZH
P 041325Z NOV 08
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 4363
INFO RUEHOS/AMCONSUL LAGOS 0204
RUEHZK/ECOWAS COLLECTIVE
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 03 ABUJA 002177 
 
SENSITIVE 
SIPDIS 
 
DEPT PASS TO USTR-AGAMA AND GARDE; PTO FOR HICKEY 
TREASURY FOR PETERS, IERONIMO AND HALL 
DOC FOR 3317/ITA/OTA/OA/BURRESS AND 
3130/USFC/OIO/ANESA/HARRIS 
DOJ FOR MKOUAME 
LOC FOR USCO PPINHA 
AID FOR GWEYNAND AND SLAWAETZ 
 
E.O. 12958: N/A 
TAGS: KIPR EINV ETRD ECON EAID NI
SUBJECT: NIGERIA: COPYRIGHT AND TRADEMARK OFFICIALS DESIRE MORE USG 
ASSISTANCE 
 
REF: A. ABUJA 2146 
¶B. LAGOS 405 
 ¶C. ABUJA 1364 
      ¶D. ABUJA 1039 
 
¶1. (SBU) Summary.  During the USG Intellectual Property Working 
Group (IPWG) October 27-28 visit to Abuja, Nigerian intellectual 
property rights officials expressed appreciation for USG technical 
assistance (TA).  The goal of the visit was to hear from GON 
agencies on progress and steps taken since the IP digital video 
conference in April 2008.  It appears that lack of institutional 
will is the main problem at the Nigerian Copyrights Commission (NCC) 
hampering efforts to boost enforcement activities and prosecutions. 
The Trademarks, Patent and Designs Registry of the Nigerian Ministry 
of Commerce and Industry has leveraged USG technical assistance (TA) 
to transform its effectiveness and to gain additional resources from 
the Ministry.  In-fighting regarding draft legislation hampers 
inter-agency cooperation and effectiveness, but is unlikely to go 
away.  This is the first of two reporting cables on the visit.  End 
summary. 
 
¶2. (U) On October 27 and 28, 2008 the IPWG met with Nigerian IP 
officials to discuss progress in protecting IP.  The framework for 
these ongoing discussions is the Trade and Investment Framework 
Agreement (TIFA) between Nigeria and the U.S.  The IPWG was led by 
Tanuja Garde of the Office of the U.S. Trade Representative, and 
included Carrie LaCrosse of EEB/TPP/IPE and Tim Browing of the U.S. 
Patent and Trademark Office (USPTO).  On October 27 the IPWG met 
with the NCC and the Trademarks, Patent and Designs Registry of the 
Nigerian Ministry of Commerce and Industry.  On October 28 the IPWG 
met with the Nigerian Customs Service, the Standards Organization of 
Nigeria, the President of the Performing Musicians Employer's 
Association of Nigeria, the Economic Section Chief of the European 
Commission and the Lead Economist for the World Bank in Nigeria. 
The October 28 meetings will be reported in septel. 
. 
Nigerian Copyrights Commission Update 
------------------------------------ 
. 
¶3. (SBU) The IPWG met with Nigerian Copyright Commission (NCC) 
Director General Adebambo Adewopo, who commended the USG for 
collaborating with the NCC since 2006, especially in providing 
opportunities for his staff to participate in training programs at 
the Global Intellectual Property Academy (GIPA) hosted by USPTO in 
Alexandria Virginia (reftel D), and various other training workshops 
sponsored by the USPTO, Department of Commerce Commercial Law 
Development Program (CLDP) (reftel C), and the U.S. Department of 
Justice (reftel B).  He stated that the training programs have 
helped improve the skills and knowledge of his officials, and also 
provided the foundation for inter-agency cooperation among GON IP 
agencies.  He stressed that the training received between 2007 and 
2008 will surely lead to better enforcement of IP in 2009. 
 
¶4. (SBU) Adewopo stated that IP enforcement in Nigeria remains an 
uphill task but the NCC is doing its best to combat IP piracy.  He 
said that funding remains a challenge but the NCC has been assured 
that it will receive the same appropriation as in the 2008 federal 
budget.  He reported the NCC is collaborating with various IP 
stakeholders, such as the Performing Musicians Association of 
Nigeria, to enhance NCC investigations. 
 
¶5. (SBU) On enforcement, Adewopo commented that the NCC has only 
five lawyers handling prosecutions nationwide.  He claimed that the 
judiciary has not been very helpful because cases drag in the courts 
and defendants employ various tactics such as challenging the 
jurisdiction of the court to handle the cases in order to delay 
court processes. 
 
¶6. (SBU) Adewopo said the NCC recently understood that some presumed 
stakeholders in the IP industry that had been collaborating with the 
NCC later turned out to be IP infringers.  Specifically some of 
these "stakeholders" have invested in optical disc plants to support 
pirating. 
 
¶7. (SBU) On capacity building, Adewopo confirmed the World Bank (WB) 
is providing funding for training and the creation of a copyrights 
training institute within the NCC.  At least 60 NCC officials will 
undergo investigative training supported by the WB and led by 
Economic and Financial Crimes Commission (EFCC) trainers.  He also 
 
ABUJA 00002177  002 OF 003 
 
 
reported that the NCC through the recently established copyrights 
training institute is providing training on IP at the National 
Police College, and there are plans to include the Nigerian Customs 
Service Training Academy.  The WB is also funding NCC's 2009-2011 
medium strategy.  Adewopo promised to provide IPWG with a copy of 
the final medium-term strategy. 
 
¶8. (SBU) On public awareness, Adewopo said that the NCC is currently 
airing a five minute documentary on IP protection on Africa 
Independent Television, the largest private television station in 
Nigeria.  There are also plans to conduct road shows nationwide 
especially to educational institutions to increase IP awareness. 
 
¶9. (SBU)  The IPWG expressed disappointment with reports of low 
interagency turnout to the training sessions conducted by the USG 
(Copyright Office and the DOJ) and noted the concern that NCC played 
a role in this.  Director for Planning, Research and Statistics 
Olusegun Adekunle responded that it was a misunderstanding.  The 
IPWG also raised the possibility of an action plan with an annex 
listing benchmarks specific to NCC activities.  Adewopo agreed that 
this was a way forward and promised to provide the USG with a copy 
of the medium term-strategy to use a basis for those benchmarks. 
 
¶10. (SBU) Comment: When DepEconChief questioned Adewopo regarding 
the lack of communications with the Embassy regarding supposed 
successful investigations and prosecutions, the Director General 
expressed "shock" that the USG was unaware of NCC's numerous 
successes.  Since 2006, DepEconChief has repeatedly requested 
information that supports the NCC's claims and refutes reports from 
industry and other GON agencies about the NCC's lack of progress. 
Adewopo promised that someone from his large staff that participated 
in the meeting would provide the requested information.  At this 
writing, the Mission is dubious and has received no evidence to 
corroborate NCC's claims of conscientious, concrete and effective 
efforts against piracy.  End Comment. 
. 
Trademarks, Patents and Designs Registry 
---------------------------------------- 
. 
¶11. (SBU) In a meeting at the Ministry of Commerce and Industry with 
the Office of Trademarks, Patent and Designs Registry, Registrar 
Hajia Jamila Ahmadu-Suka expressed appreciation to the USG for its 
substantial technical assistance (TA).  Ahmadu-Suka underscored that 
the USG training programs have improved her staff's skills 
tremendously and looped them into current global IP trends and 
protection efforts. 
 
¶12. (SBU) Ahmadu-Suka commented that the Registry has witnessed 
significant progress since her appointment in 2007.  Her office now 
publishes its trademarks journal quarterly unlike in the past when 
it was published every two years.  Based on support from the 
Minister of Commerce, Charles Ugwuh, the Registry will move to a 
larger, more modern building that will increase productivity. 
(Note: Ugwuh was removed in a cabinet shuffle on October 29, see 
reftel A.  End Note).  Currently the Registrar's Office only has 22 
lawyers, while Ahmadu-Suka estimates they need 150 to be adequately 
staffed.  She believes that increased staffing will be forthcoming 
in the new year.  The Registry also plans to conduct sensitization 
workshops nationwide in 2009, to increase IP public awareness.  She 
reported that the GON's joining the Patents Cooperation Treaty has 
led to a significant increase in patent applications, especially 
from foreign patent owners. 
 
¶13. (SBU) Regarding the current status of pending IP legislation, 
Ahmadu-Suka informed the IPWG that the Ministry of Commerce will 
soon present a draft bill to the National Assembly for the 
establishment of an Industrial Property Commission (IPCOM) which 
would be supervised by the Ministry of Commerce.  She underscored 
that the World Intellectual Property Organization supported the 
Ministry of Commerce's draft bill and in comments in the draft bill 
stated that the NCC should be kept outside the authority of IPCOM. 
On a positive note, Ahmadu-Suka said that the future IPCOM Board 
would include representatives from most of the Nigerian enforcement 
agencies - this would be a welcome move toward badly-needed 
inter-agency cooperation on IP enforcement.  Ahmadu-Suka promised to 
share a copy of the bill with the IPWG and welcomed USG comments. 
The IPWG also raised the possibility of an action plan with an annex 
listing benchmarks specific to the Registry's activities. 
Ahmadu-Suka agreed that it was a good way forward. 
 
ABUJA 00002177  003 OF 003 
 
 
. 
Comment 
------- 
. 
¶14. (SBU) USG-supported IP training has led to more GON inter-agency 
cooperation, and an increased IP focus from GON agencies that in the 
past appeared unaware of what their roles should be.  Nonetheless, 
enforcement efforts and IP public awareness are both woefully 
inadequate.  The Mission is in the process of unveiling a public 
diplomacy IP awareness campaign via public service announcements. 
Both the NCC and Registar's office have benefited from USG TA and 
the Mission has seen positive results at the Registrar's office with 
timelier processing and sharing of information.  NCC has yet to show 
much progress, especially considering the large number of personnel 
that have participated in USG TA.  Without effective enforcement and 
prosecution from the NCC, Nigeria will continue to maintain its 
status as a haven for IP pirates.  GON IP agencies also need to 
improve on the enforcement of IP to justify USG spending on IP 
capacity building in Nigeria. 
 
¶15. (SBU) Since 2006 the NCC and the Registrar's Office have been 
jockeying for resources and control.  The NCC has contended that a 
draft bill supported by the Ministry of Justice is before the 
National Assembly which would establish the Nigerian Intellectual 
Property Commission, and put under NCC's supervision all patents, 
trademarks, copyrights, and designs.  Ahmadu-Suka has been adamant 
that the Ministry of Commerce would never agree to this bill and has 
submitted it own bill for the creation of IPCOM that would keep NCC 
separate.  Another draft bill developed by CLDP and put forward by 
Senator Wada also appears to be in the mix.  At this writing, it is 
unclear which bill is likely to become law, and this jockeying is a 
clear demonstration of the lack of coordination and cooperation 
among GON agencies in the IP sector. 
 
¶16. (U) IPWG cleared on this message before departure. 
 
¶17. (U) This message was coordinated with ConGen Lagos. 
 
SANDERS