EXPLORING ALTERNATIVE DISPUTE RESOLUTION STRATEGIES IN THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Abstract

The increasing complexity of intellectual property (IP) rights enforcement in Africa, especially in sectors such as creative arts, software, trademarks, and patents, necessitates a shift from traditional litigation toward more flexible and efficient mechanisms. This study explores the role of Alternative Dispute Resolution (ADR) including mediation, arbitration, expert determination, and hybrid models in resolving IP disputes across the African continent, with a particular focus on Nigeria. In Nigeria, the Arbitration and Mediation Act of 2023 marks a significant milestone by recognizing electronic communication, legalizing third-party funding, and codifying enforcement mechanisms for arbitral awards. The Copyright Act of 2022 further allows for arbitration in copyright-related disputes. These legal frameworks, supported by the National Policy on Arbitration and ADR (2024–2028), have established a conducive environment for resolving IP conflicts outside the courts. Sectoral initiatives by the Nigerian Copyright Commission (NCC), in collaboration with the World Intellectual Property Organization (WIPO), have promoted the use of mediation clinics, particularly in Nollywood and the music industry. This paper analyzes the benefits of ADR in IP contexts, including time and cost savings, confidentiality, procedural flexibility, and the ability to appoint technically knowledgeable neutrals. It also discusses persistent challenges such as lack of statutory clarity on IP arbitrability, capacity deficits in ADR training, and post-arbitration litigation risks. The study further proposes future directions such as legal reform to clarify IP arbitrability, expansion of hybrid ADR mechanisms, integration of online dispute resolution (ODR) tools, and enhanced public education on ADR. By synthesizing legal, institutional, and practical dimensions of ADR in IP enforcement, this paper argues that Africa especially Nigeria is poised to lead a regional transformation toward non-litigious resolution of IP disputes. The findings are crucial for policymakers, IP practitioners, and creative industry stakeholders seeking to harness ADR for sustainable innovation and legal certainty in the protection of intellectual property rights.