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Thursday, December 5, 2013

ONNA PROFESSIONALS IN DIASPORA (OPID).

OPID.
Onna Professionals In Diaspora.
 

 

WHY A PROFESSIONAL IS DESIRABLE TO TAKE AKWA IBOM FORWARD?

I am not indicting non-professionals or professional politicians but it is my strong view that a professional is needed to consolidate and propel Akwa Ibom State from the transformational and foundational developmental pedestal the present government has achieved to echelonic  levels.

An experienced professional in management of human, tangible and non-tangible resources, with track records will give us a nuclear- head start. Now that infrastructural foundations have been laid, we must deepen the economic, intellectual, cultural and industrial richness that we as a people have been endowed with.

So I submit that ONNA has what it takes in terms of professionals that fall within these parameters. Let’s stand up and be counted amongst “the few good men”.

-On Infrastructural developmental consolidation

-On Strategic Economic Renaissance

-On Real Foreign Direct Investment (RFDI)

-On Real Ownership of our natural Resources.

-On Cultural, Intellectual Property & Geographical Indicator’s Husbandry.

Oh Yes! LET’S GO THERE.  WE FORWARD”!

 

Monday, April 1, 2013

STILL ON EFFECTIVE GOVERNANCE IN AKWA IBOM,NIGERIA: ROUTE TO EXIT "CIVIL SERVICE STATE" STATUS

https://www.facebook.com/samuel.andrews1/notes
"... You guys are being mischievous and taking pot shots at the Governor. All's fair in love and war. Whatever you guys say, I am inviting you to Uyo for the grand commissioning of the Tropicana Entertainment Center end of 2013. It will be one of the biggest entertainment resorts in the Gulf of Guinea. It will employ over 5,000 Akwa Ibom indigenes. Also the state govt is poised to unleash one of the biggest hatcheries in West Africa situated in Uruan. There's also the 36,000 capacity Olympic stadium to be commissioned before 2015. ????, let's talk uncommon sustainable development and leave this mundane topic that is almost 7 yrs old. Have a great day."

The above statement generally reflects the thinking (and they are true believers) of the current political class and their propagandist in Nigerian political developments. The government building few infrastructures;roads,bridges,schools,cinema halls(?), In the 21st century we are enjoined to canonize governors for building roads,schools ,overhead bridges and paying public service workers salary. I am really still analyzing why and how Nigeria,got to this stage in its socio-political development.When most of those thinking from this pedestrian, and  myopic view point are otherwise learned people and  "leaders" that may one day be in political offices. We begin to wonder when the cyclical misfortune in Nigerian political development will be abated,when most of our supposed leaders of tomorrow think this way.

In the 1980s, I still remember going to watch movies in Calabar, in Cross Rivers State in Patsol (if that is correct ) and there was another movie theatre where we enjoyed Bruce Lee and mostly martial arts movies.I cannot remember the government of that state being responsible for the Business.Also in Lagos we had movie theatres in the 1970s,I am not aware of lagos State government being the promoter of those theatre.In Port harcourt ,I am not aware of the government investing in building the movie theatre there. So why is Akwa Ibom governmnet bragging about building Entertainment centres. Why is the State government investing in such capital intensive projects that ,partnering with the private sector would have been more effective for the economic growth of the State.
Evidence has shown that governments (particularly in Nigeria) do not have good records of sustaining public built infrastructures.These structures require huge capital to maintain,and governments are not always capable of delivering.
In Akwa Ibom State,there used to be companies like Champion Brewery in Uyo,Qua Iboe Steel company in Eket,Battery & Biscuits  company in Ikot Ekpene and Abak,Alscon Steel in Ikot Abasi (Federal government also involved) and other state government promoted business and owned initiative.What in God's blue sky happened to these companies? The clear answer is corruption and incompetence by the state govenment and its agents ruined these industries. Akwa Ibom State government and governments generally have limited capacity to run businesses that would stand test of time. Then why is Gov. Akpabio and his administration investing humongous capital in setting up businesses that would collapse in the near future.We have been here before.

I suggest that creating enabling environment for private enterprise to strive is the way to go.That is why I commend him for building roads and bridges but that alone would not fly.The tax code in Akwa Ibom should be made to attract investors into the state.Importantly,the issues of security of life and property of citizens and residents of the state is fundamental from any economic growth.He could lobby the federal government,using his personal and political influence ,that is of high currency value now,to be creative in the area of power generation. With current technology,Akwa Ibom could invest in effective power generation and distribution (with partnership with the federal government) so that the industrial base of Akwa Ibom is enhanced.It is the private sector that could grow the economy of Akwa Ibom existentially and exponentially. The building of hospitals ,Stadium and other may be good,if we are sure these institutions would not be relics worthy for the homeless in months after Mr. Akpabio leaves office. I suggest ,that the state government should seek highly competent,emphasis (seek) professionals of Akwa Ibom in diaspora,partner with them or partner with other competent (not cronies) professional anywhere in the world to run these institutions as  private enterprise. I am aware of the duties of government to take care of the poor and weak in society.These policy objectives could always be embedded in the controlling agreement the government would enter into  with those to manage or own these institutions.

 On educational policy, the governor has shown good instinct in introducing free education program in the state. Education being one of the fundamental strategies that will position the state to economic growth. However, free education (if Akwa Ibom can afford it) does not begin and end with tuition waiver . It also must include quality educational aids, quality and motivated instructors, modern classrooms with digital applicable tools. Encouraging scholarship programs could take pressure off the state finances. Private and non government organization could be encourage to support scholarship programs. The syllabi and curriculum of the elementary and high schools must be reformed to make our kids competitive globally.

The point of my note,here is that Gov. Akpabio should not distract himself from the initiatives and policy goals he set for himself, when he came into power as governor, by engaging in self promoting politicking and superficial projects.He could go in history as the "Renaissance Governor" of Akwa Ibom State, if he puts his focus on projects that will stand the test of time and promote REAL economic growth of the State.

These praise singers and courtiers, (#Ekerette Udo+, and his ilk ; anyone read,the pathetic article he wrote recently on the governor? Such Reuben Abatirian journalism, is what corrupts the political space.
("THE MOB ATTACK ON GOVERNOR AKPABIO IN THE PRESS: ANOTHER PERSPECTIVE", Articles | THISDAY LIVE http://www.thisdaylive.com/articles/the-..), (04/01/2013).
They (courtiers) are ready to malign and  ascribe ulterior motives to anyone who disagree on policy or politics of the governor. They are actually not doing him nor the state any favors. In a democracy ,if one is not ready to accept and intelligently counter criticisms,whether stupid or intelligent,is not ready to be transformational. After all,deepening the institutional benefits and derivatives of democracy should be the creed of us all ;for motherland.

Wednesday, April 27, 2011

DILUTION AND TARNISHMENT OF NOLLYWOOD MARK AND TRADEMARK:PARTISAN POLITICAL ENDORSEMENTS



DILUTION AND TARNISHMENT OF NOLLYWOOD MARK AND TRADEMARK: PARTISAN POLITICAL ENDORSEMENTS


In the field of trademark, franchise, celebrity and publicity rights law and practices a person’s unique likeness, image, status, and creative works can be effectively leveraged for economic returns. An artist possess vast intellectual property rights in his creative works.

The value and longevity attached to a trade mark and brand is influenced greatly by the usage and perception that such brand, trademark and franchise exudes. The usage of a trademark, brand, franchise and other identity IP rights has the potential of devaluing its IP assets.
The entertainment and film industry in Nigeria, known as Nollywood, has produced celebrities and artist that could be managed effectively to optimize the value in their IP rights. The mix of partisan politics and product endorsement by artist in leveraging their celebrity, publicity trademark and other IP rights is a risking business model in a developing political economy like Nigeria. The recent use of Nollywood to promote one political aspirant over to other may be a double edged sword.

Politics being a blood sport and highly combustible affair in most of Africa, including Nigeria may have a blurring effect on the product being endorsed and the artist who is endorsing the product. When Nollywood group of artists endorse a political aspirant, there is the danger of product alienation and negative prejudice. There is an immediate financial reward in political endorsement but how about the long term valuation defect of the brand, trademark and publicity/image rights of the Nollywood artist involved in such politico-commerce campaign.
The general reception of the image and creative works of the Nollywood artist at the end of the day is the currency that will sustain his star power and celebrity status. The longer Nollywood artists maintain control and use of his intellectual property rights, the longer the brand remains an asset worth global valuation for economic returns. The combined effects of positive optics and alluring appeal to an artist most times translates from intangible to tangible assets. So a careful walking a thin line of professional balance and market sustainability is required.

The downside of corporate support of any political aspirant by Nollywood community is the sword of emotional ostracization of the artist because of the political affiliation that may be ascribed to Nollywood as a group or to the artist individually. When an aspirant that Nollywood support fails in the political contest, how would the larger public which is not politically sophisticated to differentiate politics from a professional work. Nigeria largely is still a society that majority of Nollywood patrons are not academicians but average Janes and Joes who do not have the luxury of analyzing an artists’ professional work from political affiliations. Nollywood artist should not risk polarizing its market and celebrity base. Partisan Politicking should not be part of Nollywood modus operandi. Let politicians do what they do best and Nollywood should focus on creativity and innovations in our emerging film industry.

Nollywood artists have every legal and moral rights to endorse any political candidate of their choice but they must be wary of trending into corporate endorsement that conflicts with global best practices in enhancing their creative spaces. The professional managers of these artists may have to adopt strategic environmental valuation modems for the Nollywood artist. More work and professional assistance from IP professional practitioners are needed to take Nollywood to where it ought to be in entertainment and cultural industry globally. The valuation index for maximization of Nollywood artist could be at par with any “A” list Hollywood artist. All it takes is creative and strategic guidance.  Nollywood IP rights and protection is relevance to its growth.  Talents are abound in Nollywood and together we can rule the creative and innovative space globally.


Samuel Andrews, LL.M
sandrews5@suffolk.edu




  • Updated. This article was first published in 2011.



Saturday, February 26, 2011

NIGERIANS:TIME TO SAY NO SERIES (2)

Please reason with Me


What makes you think he/she is an "oga" (lord superior). What makes you think he/she holds the keys to your growth and progress.You have got the greatest title ,asset and power; you are a CITIZEN of Nigeria,Yes, the highest title beyond national honors award,president,governor,excellency,honorable,senator ,lawyer,doctor,teacher,militant,minority,majority.
Remember, when you were in primary school or standard school? did you ask your friend and play mate if she/he was Annang,Ibibio,Yoruba,Igbo,Hausa,Ishan,Benin,Fulani,Nupe? did you ask before going to play in the playground?.Alright,when you started dating that boy/girl in secondary school,remember? did you ask him/her, if he/she was a moslem or christian or Ifa worshiper or catholic or protestant? Did you? So who has bewitched you? who has spoken all these lies into you?who is manipulating you? Can't you see? can't you think? can't you see where you are heading? that we may not have a country or state where we will call our own? where you can even enjoy those wealth you have earned? did i say earned ?alright ,wealth you have acquired? But to you who is still struggling to even earn anything,how long will they use you.Oh ,they have even promised you a spot? A spot? how long do you think this will continue..Haven't you smelled and seen anger,hatred,bitterness in the Land? haven't you heard of the global changes? Oh sorry,you don't even have electricity to tune on your radio or television? But know now...that there is a change coming....and it is inevitable.
As a citizen of Nigeria you are an agent of that change we have been waiting for.So go out and vote in April 2011,most importantly protect your vote,be vigilant.if they steal your vote,YOU MUST STATE LOUDLY AND CIVILLY ,NEVER AGAIN,It must be government WE THE PEOPLE DECLARE,period.

Wednesday, September 15, 2010

NOLLYWOOD: A RESOURCES THAT NEEDS CONTROL

Resource Control has become an important political and economic lexicon in modern geo political realities.In the emerging economies of the world,most especially in Africa,resource control has accounted for numerous armed conflicts,political instability, and economic stagnation. Resources in emerging economies like Nigeria are primarily ascribed to natural & physical properties like oil and gas,agricultural products,gold,diamond and like products that are discoverable under the bowels of the earth.

The attraction to tangible properties like oil, commonly called the “black gold”in Nigeria has resulted in the neglect of other resources which could compete ,if not out- rank oil in terms of wealth generation.Intellectual property rights are resources that Nigerians have neglected or unaware of as a property.It is an intangible property that has generated economic growth and wealth in counties like United States,India,Japan,France and United Kingdom.In the United States ,Hollywood has contributed immensely to the nation’s GDP .In India, Bollywood has contributed greatly to the nations economy.It is the strength of its intellectual property regime that has propel these entertainment capitals of the world to become economic and cultural model,that most of the world desire to emulate.The copyrights ,patent,trademark & publicity rights policies of these countries have been a motivating factor for the economic growth of their entertainment industry.

Nollywood,the Nigerian movies and entertainment industry has been reported by the United Nations to be the fastest growing entertainment industry.It is also second to Hollywood in terms of growth and productivity.In its 2009 report UNESCO,declared that the Nigerian Film Industry is a global leader in the number of movies produced each year. Nollywood is estimated by some industry analysts to be a $250 million dollar per year industry.However,there are no structures and evidence on ground in Nollywood to collaborate the quality and capacity of Nollywood.The Nollywood’s DVD movies are seen in grocery stores all around United States,South Africa,London and unimaginable places in the World. Nollywood’s artist images are seen in commercial media used for events promotion and product endorsement.How much these artist get from proceeds of the usage ,sales and advertisement of their images may not be comparable to what is the practice in Hollywood and other entertainment industries.

The scourge of piracy and infringement of intellectual property rights (used here in a generic sense) of works of Nollywood should be a source of national economic concern and outrage.There is a consensus on the abundance of creative artistic talents in Nollywood. Why can’t we develop the industry to compete and generate income commensurate with what obtains in other global entertainment industries. Nollywood can be a significant economic diversifier,if its cultural and creative capacities are fundamentally developed.It will contributes significantly to the nation’s GDP.

The abundant creative talents in the peoples of Niger Delta,Arewa,Odua and Ndigbo can be tapped positively for the economic benefit of the individual and corporate society.Imagine,if the kidnapping “business men” ,realize that the entertainment industry generates more income and revenue than oil.There may be less tension in the political landscape because the economic space would be enlarged and democratized.The political space may be saved from people whose main interest is to partake in sharing of the “oil money”.These barons may be persuaded to invest their interest in entertainment business.May be it sounds academic,but the point is that there will be other lucrative legitimate avenues that our productive energies can be directed.

Our concern as a nation should be the rejuvenation of our entertainment and cultural industry. The entertainment and cultural industry,particularly the movie/film sector must seduce foreign and national private investors .The pedestrian level of Nollywood does not promote investment opportunities. The lack of effective and efficient structures and policies negates investors’ economic interest.The lack of protective policies for intellectual property right does not encourage an investor to take the risk of investing in Nollywood.

A well developed intellectual property regime can elevate intangible assets like intellectual property rights as a collateral for credit facilities.Young and potential Nollywood rights’ owners who have ideas that need to be brought to life creatively but lack the financial capacity ,can approach a financial body for project financing.The financial system must have confidence in the knowledge economy.Knowledge economy ,which is the genre of intangible assets that intellectual property rights represent can produce returns on investment.This could be achieved by a deliberate developed risk management system for intellectual properties.Technical Protection Measures, specialized computation standards by the Securities and Exchange Commission are a few ways that intellectual property rights can be valuable assets.

The digital age in which the entertainment industry operate makes infringement and stealing of intellectual property cheap and easy.An investor must be assured that her investment will be protected in the age where it is easy with a click of the keyboard billions of dollars are lost.

The government of Nigeria must step in consciously and join other nations who have adapted their intellectual property regimes to current practices.Although,it is not the government that should take a lead in investing in Nollywood.It is the private sector that must take the lead.The role of government must be limited to regulatory ,policy and infrastructural development. Provision of secured environment,encouraging tax rebates, amendment of current Intellectual Property laws.

The Copyright Act must be updated and amended to conform with current global practices.The global entertainment industry that Nollywood belongs operates in various digital platforms.The Nigerian Copyright Act in its present form is out dated and obsolete. There is no provision made to protect copyrights of Nollywood practitioners in the digital platforms.The infringement of their copyrights and other IP rights are mostly going to be carried out on these platforms.The DVDs, the internets,the smart phones and other electronic devices are where the current and next frontiers of IP protection resides.Nollywood is left behind because her works may not be protected.The digital age and intellectual property interface have been recognized by the United Nations.This led to the implementation of the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.Technical protection Measure have been recognized by nations that acceded to these treaties as a form of protecting the copyrights of their nationals.These nations have included this new genre of intellectual property rights in their national laws.The Digital Millennium Copyright Act is the United States response to dealing with the digital age.Infringers of copyright and circumventers of technical protection measures in copyright are held accountable.We do not have this tools in Nigeria.This is a serious set back in our effort to be innovative and creative.

Nigeria should accede to WIPO Copyright Treaty and other international instruments so as to avail her of the tools in place globally in protecting and enforcement intellectual property rights of Nollywood.It would be easy to enforce the intellectual property rights of Nollywood practitioners in other parts of the world if those rights are infringed . The reciprocity obligations of member Nations to these international treaties make it easier for the right of a non nationals to be enforced in a foreign land.

Another multiplier effect of Nollywood,would be the emergence of an innovative software industry in Nigeria.Software is the engine of the digital platforms.It is software that runs the digital platforms in which modern entertainment activities are delivered and distributed.The movies and music industries distributed and delivered in the internet,the smart phones,computer networks,DVD,CDs, and other electronic devices are based on innovative softwares.The Nigerian software creators should collaborate with Nollywood rights’ owners through efficient licensing vehicles to create software for the indigenous entertainment industry.The allied industry that would come out of this synergy will be an economic boost to the individual rights’ owners and the corporate national interest.

In the United States Article 1 Section 8 of theUnited States Constitution makes copyright and patent a guaranteed right to her citizen.Nollywood rights’ owners must be guaranteed similar protected rights in the Nigerian Constitution.The technological and innovative advancement of the United States is attributed to the constitutional protection granted to intellectual property rights. This is the time for Nollywood and intellectual property to be regarded as a national economic asset. Nigeria’s desire to compete and excel in global innovation,creativity and technology may depend on it.The new frontier of emerging economic power is in the innovations. Afterall,oil does not possess the exclusive patronage for control as a resources.Nollywood can control its resources too.

Wednesday, September 8, 2010

THE WAR AGAINST THE RICH

Every child in my generation and from my background in rural Nigeria,was taught to work hard study in school and strive to make a great life for himself and his family.In essence,one of the early prayers you hear poured on a new born child ,is that he/she should be rich and wealthy to bring progress into the family.The source and motivation for success for most people come from this foundational concept that though your beginning may be small your later life ought not be small but progressive and innovative.

In my background and most of humanity ,we strive to progress from one lower scale of life to a better and comfortable scale of life.The United States became famous for the fact that dreams could be realized no matter what your societal scale of beginning .The entrepreneurial spirit that the founding fathers of America desired was actually inscribed in the founding documents and the constitution.

So what is all this bashing of the rich in America.I may not be rich now but by god I desire to be rich ,very rich,that is why we work and live,perhaps.The democratic party led by President Obama, have made class warfare a political strategy.The rich are the villains,they are responsible for all the ills in America's society,they oppress the poor.The middle class must be prop up to counter the rich...this goes on and on.The fact of the matter is that the so called middle class want to move from that middle class to the next class.The competitive spirits in the economic space is what separates United States from other nations.This country was not made great by politicians creating class warfare between one class against another.America was made great by creating the space for all class to compete and strive to attain their best creativity.
It does not bode well for the United States if there is a perception that the President is anti wealth,anti success and anti business.The signals coming from the white house is not encouraging to those who want to be rich tomorrow.
The political climate does not require class warfare to make ones political base energized but doing things that will improve the moral,economic and spiritual standing of ones base.
At the end of it all,ones political base should be the United States of America.