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This writer has uncovered evidence that the
absence of pedagogy inculcating creativity across several disciplines in its
broadest ramifications is adversely affecting: 1) efficacy of the introduction
of science, technology, engineering and mathematics (STEM) education in
Nigeria; 2) yields on Intellectual Property and national systems of innovation;
and 3) returns from Nigeria’s creative economy. In addition, the areas which
bear the full brunt of Nigeria’s neglect of teaching creativity include: 1)
level of national inventiveness and invention capacity; 2) Innovation and
entrepreneurship; and 3) Quality of life.
In
this post, the writer briefly outline how weak systems and institutions are
depriving Nigeria potential wealth from Intellectual Property within the
context of the cultural and creative economy.
By Kenneth Nwachinemelu
David-Okafor
This post is the start of NAIJAGRAPHITTI BLOG contribution
toward Intellectual Property Education. The post outlines research findings
pertaining to Intellectual Property with the framework of the creative and
cultural economy.
All around the world, the creative and cultural economy is
talked about as an important and growing part of the global economy.
The term refers to the socio-economic potential of activities
that trade with creativity, knowledge and information. Governments and creative
sectors across the world are increasingly recognizing its importance as a
generator of jobs, wealth and cultural engagement. At the heart of the creative
economy are the cultural and creative industries that lie at the crossroads of
arts, culture, business and technology. What unifies these activities is the
fact that they all trade with creative assets in the form of Intellectual
Property (IP); the framework through which creativity translates into economic
value.
A
description of IP is that by practitioners and scholars is that "Intellectual Property Rights are exclusive legal
rights over creations of the mind."
Intellectual Property Rights give the owner rights
from which to exploit their intellectual creation. They are considered
crucial to fostering innovation by providing a financial incentive to stimulate
creativity, whereby businesses can reap the benefits from their inventions and
will be more willing to invest in research and development. Intellectual Property is generally divided into two
branches – namely industrial property and copyright. Industrial property
largely protects inventions, the most commonly used forms are patents,
trademarks and industrial designs. Copyright protects literary and
artistic works.
One
study notes "In today’s knowledge based economy, returns on investment for
knowledge are higher than returns on other factors of production.
Intellectual property rights contribute to ensuring profitability from
knowledge. Coupled with this is the fact that in the digital, globalized era it
is much easier to reproduce creations than ever before. A song, film or
book in digital form can be transmitted globally and instantaneously via the internet.
A machine created in Norway can be reverse engineered, perfectly reproduced and
put on the market in another country with minimal effort. Ensuring that
rights are in place provides a legal basis from which to protect against
copying. According to the FBI, Interpol, World Customs Organization and
International Chamber of Commerce, roughly 7-8% of world trade every year is in
counterfeit goods. That is the equivalent of as much as US$512 billion in
global lost sales. IP theft poses a risk to all industry sectors; those most
commonly affected are manufacturing, consumer goods, technology, software, and
biotechnology, including pharmaceuticals."
From a review of literature, experts have identified the
creative economy as the fourth wave of economic development after agriculture,
industrial and information based economic development. Creative economy is how
value added can be generated based on ideas and creativity of people based on
existing knowledge (including cultural heritage and traditional wisdom) and
technology.
Creative industries rightly perceived as industries which
produce output from creativity and innovation, and which create value added,
jobs and better quality of life. United Nations Educational, Scientific and
Cultural Organization (UNESCO), United Nations Educational, Scientific and
Cultural Organization and United Nations Conference on Trade and Development
(UNCTAD) and others have been at the forefront of showing the linkages and
interrelationship between creativity, education for creativity and innovation,
the creative economy and sustainable development.
Developing countries are seeing great opportunities in
the creative industries. While they may have benefitted less from industrial
development in the world, they are hoping to be able to benefit more from their
history, their cultural heritage and their competence in this explosion of
culture.
Developing countries’ exports of related creative
goods (including computers, cameras, television sets, and broadcasting and
audio-visual equipment) increased rapidly over the period 1996–2005, from US$51
billion to US$274 billion. UNCTAD (2008, p. 29) explains that this spectacular
growth is indicative of the catching-up strategies being pursued in a number of
developing countries to increase their capacities to supply value-added
products to global markets. It also reaffirms the continually expanding demand
for creative products that rely on these related industries for their
distribution and consumption. While developed countries have dominated both
export and import flows, developing countries year after year have increased
their share of world markets for creative products, and their exports have
risen faster than those from developed countries. Exports of creative goods
from developing economies accounted for 29 % of world exports of creative goods
in 1996 and reached 41 % in 2005.
The
total investments and yield of Nigeria’s creative economy is comparative very
low according to UNESCO and UNCTAD estimates compared to some other African and
OECD countries. The picture of Nigeria in the Intellectual Property arena is
dire.
During
the celebration of the World Intellectual Property Day in 2013, the US embassy
in Nigeria website published an Editorial Opinion written by the US Ambassador
at the time, Terence P. McCulley in which he remarked, "Nigeria’s cultural
patrimony includes contributions by immensely talented artists known around the
world: musicians like Fela Kuti, poets like Wole Soyinka, and writers
like Chinua Achebe, among others. April 26 marked World Intellectual
Property Day, a day on which we recognize the contributions creative
individuals and industries bring to our global community and highlight the
importance of preserving their intellectual property (IP) around the world.
The theme of this year’s World IP Day, "Creativity:
The Next Generation," reminds us that, as we honor (sic) the rich
creative history of Nigeria, we must continue to look for ways to encourage and
foster Nigeria’s future artists, musicians, poets, and authors. Supporting this
next generation will advance an already notable legacy and provide a cultural
and economic platform to support their creativity."
"…Why
should we care about protecting intellectual property? Consider the
number of times every day you hear a new song on the radio, see a Nollywood
movie, buy a trademarked product that you can be confident is produced to high
standards, or use a piece of technology, like a cellular telephone, that relies
on the latest patented technology. The protection of intellectual
property rights enhances a country’s development and promotes its business and
artistic environments. Such protections stimulate advances that benefit
the entire world – in the form of technology, medicine, and other processes.
An intellectual property rights regime that effectively and efficiently
addresses protections and enforcement encourages innovation and consumer and
business confidence, all of which can lead to strong economic development and
high-paying jobs.
"We
commend the Nigerian Government's commitment to improving the protection of
IPR, strengthening the ability of Nigerian officials and organizations to
enforce existing laws, and developing its creative industries. This
includes the reform effort announced in November 2012 by the Nigerian Copyright
Commission (NCC) to modernize the legal and regulatory framework for copyrights
in Nigeria. These reforms will bring Nigerian copyright regulations in
line with international norms. But the U.S. and global community remain
concerned about inability to effectively enforce Nigeria’s IP laws. This
lack of resources is a major obstacle to protecting IP rights in Nigeria.
It also restricts access by Nigerians to U.S. works and innovations; the
lack of enforcement to prevent infringing IP rights in the digital environment
is a challenge to U.S. companies that seek to distribute licensed, or legally
protected, content in Nigeria.
"In
Nigeria and across Sub-Saharan Africa, the problem of fake medications is so
rampant that pharmaceutical companies have had to develop methods to help
combat counterfeit medicines, such as the use of a mobile telephone
verification system to identify authentic drugs from fakes. A society
with modern IP laws and institutions that effectively enforces these laws,
however, would not have to ask its citizens to confirm the authenticity of the
medications they are consuming."
Inside
Ambassador McCulley’s statement were contained a number of concepts related to
creativity including intellectual property and a cultural and economic platform
that supports creativity which Nigeria was not enjoying the fruits therefore
and had no systems in place to ensure future growth and rewards. Intellectual
property is so vital to developed economies that the United Kingdom for one has
a Minister for Intellectual Property whereas Nigeria has only the Copyright
Commission and a rash of legislation to back up poorly regulated and
organized intellectual property in Nigeria.
McCulley could not have
cast the problems with intellectual property rights and intellectual property
rights regime as a whole in Nigeria and the prospective solutions more clearly.THIS POST IS PART OF A LARGER BODY OF WORK TO BE SERIALIZED HERE
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