Title of Assignment: Study to Map Online Copyright Piracy in Ghana, Kenya, Nigeria and South Africa

Name of unit/sector: Building Respect for IP Division, Global Challenges and Partnerships Sector

Place of Assignment: home-based

Expected duration of assignment: December 1, 2024, to April 30, 2025

1. Objective of the assignment

The assignment consists of preparing a study mapping online copyright piracy in Ghana, Kenya, Nigeria and South Africa (hereinafter mapping study).

The mapping study is the first of several deliverables under the project on the Development of Strategies and Tools to Address Online Copyright Piracy in the African Digital Market that the WIPO Committee on Development and IP has approved to be carried out between 2024 and 2026 (see document CDIP/30/4 Rev.) .  It is important to see the present ToR in this context.  While the present ToR are limited to the mapping study, if the expert contractor produces the mapping study to the satisfaction of WIPO, WIPO intends to assign the ensuing deliverables to the same expert contractor.  Taken together, the value of all assignments will be CHF 136,000.  Beyond the work to be carried out under the present ToR, the remaining deliverables of the project, for each of the four beneficiary countries, include the elaboration of a compilation of potential enhancements of the legal and regulatory frameworks, production of a toolkit with technical guidelines to enable telecommunication regulators to take better account of copyright issues, the development and delivery of training activities and the preparation of materials to raise awareness of and disseminate the project results.

The project on the Development of Strategies and Tools to Address Online Copyright Piracy in the African Digital Market aims to assist the four beneficiary countries (Ghana, Nigeria, Kenya and South Africa) in effectively addressing online copyright infringement by examining potential enhancements of the legal and regulatory framework, exchanging good practices, adopting cost-effective technical tools, conducting capacity-building activities and providing customized technical assistance.  The project finds its overall rationale in the fact that opportunities offered by digital markets have accelerated in African economies and opened new perspectives of growth for the creative industries through increased national, regional and international trade.  However, the vibrant creative industries of the continent, especially music, film and television, face a high level of copyright infringement, preventing them from fully benefiting from the possibilities of the digital economy. In such a dynamic economic situation, protecting and enforcing copyright and related rights in the digital environment is an important policy objective and a practical challenge.  Adequately enforcing copyright will help reap the full benefits of IP protection.  For more information on the project, please consult document CDIP/30/4 Rev .

The findings of the mapping study will have a direct impact on the future of the project.  Its findings will be discussed with all relevant stakeholders at the national level, with a view to assessing them from a practical perspective and identifying further national needs and shortcomings.  Together with this feedback, the findings will determine the broad lines within which to determine concrete action proposals to enhance the current situation as part of the follow-up deliverable of compiling potential enhancements of the legal and regulatory frameworks in each of the project countries and provide direction for the project as a whole.

2. Deliverables/services

The mapping study will undertake a fact-based analysis of the state of online copyright infringement and existing enforcement mechanisms in the four beneficiary countries, by addressing:

– the state of IP enforcement;
– the nature and impact of online IP infringement:
– the legal and regulatory framework of telecommunications;
– the role of internet service providers (ISPs) and payment service processors;
– consumer behavior regarding online piracy;  and
– the priority areas for the further implementation of the project.

In preparing the mapping study, the contractor may rely on short national assessments that the WIPO Project Team compiled with input from the National Project Teams and national stakeholders.

The study will follow the format below:

– Executive Summary.
– Introductory chapter (general objective, scope and content).
– One chapter per country, each containing:
o Introduction to each jurisdiction
o The legal and regulatory framework for copyright enforcement, particularly as it relates to online piracy.
o Existing practical examples of tools and mechanisms to fight online piracy.  This part will look at the role of the national telecommunication regulators, the role liability / accountability of internet service providers, such as internet access providers, payment service processors and national domain name system (DNS) actors, and voluntary measures to reduce online piracy.  It will particularly highlight any existing attempts to counter online piracy with technical tools, such as website blocking.
o Consumer attitudes and behavior regarding online piracy.  This part should provide an overview of any existing attempts to measure consumer attitudes and behavior and summarize how the National Project Teams and all other relevant stakeholders characterize consumer attitudes and behavior in their respective country.
o Identification of priority areas for future implementation of the study.  This should include concrete proposals for enhancing the fight against online piracy through legislative or regulatory enhancements.
o Summary of the findings and conclusions.

– Concluding chapter, weaving the threads of the national chapters together, analyzing both commonalities and differences in the four countries and formulating conclusions of importance for the other deliverables of the project.

The contractor will be responsible for development of the mapping study as a whole.  It is understood that the contractor may wish to work with one or more national consultants, selected for their expertise with the subject matter and knowledge of the relevant country’s copyright enforcement system.  In this case, the contractor will select these local consultants in concert with the WIPO Project Team and the National Project Teams and with due considerations to any proposals received from the National Project Teams or the wider circle of national stakeholders.  Importantly, it is the contractor responsibility to enter into the necessary contractual arrangements with the national consultants, including appropriate remuneration.

The contractor bears the overall responsibility for delivering high-quality results and are expected to draft the introductory and the concluding chapter.  More specifically, their responsibilities include, inter alia, providing appropriate supervision of the national consultants, in particular by agreeing on the approach to each chapter, establishing a timeline and milestones, and regularly reviewing content prepared by national consultants.  Any content prepared by a national consultant shall only be submitted for WIPO’s review, once the contractor is satisfied with its quality.

On the first page of the Study, the name and affiliation of the contractor and any national consultants will be indicated, as well as their individual contribution to the Study.

The study shall be prepared in English.  The text must follow the following template:

– text in machine-readable format, Word for Windows;
– Arial font, size 11;
– text aligned with on the left margin, with left, right, top and bottom margins of 2.5 cm;
– pages numbered consecutively;
– footnotes used for citing references;
– non-English words written in italics.

The length of each country chapter shall be approximately 25 single-spaced A4 pages.  It is expected that the text of the executive summary, the introductory and the concluding chapter will add another 10-15 single-spaced A4 pages.

3. Reporting 

The contractor will report to the Legal Counsellor, Copyright Law Division, Copyright and Creative Industries Sector.

The contractor agrees to provide updates on the progress of the mapping through monthly conference calls.

4. Profile (e.g. area of specialization/expertise, specific knowledge/skills/experience)

The contractor must demonstrate the following expertise and skills:

– specialization in copyright law and specialization in or familiarity with telecommunications law;
– experience in coordinating multi-territorial and multi-stakeholder research projects;
– knowledge of different Internet intermediary liability regimes and experience with technical solutions to stop online piracy;
– specific knowledge of the copyright systems of African countries, ideally those of Ghana, Kenya, Nigeria, and South Africa;
– excellent interpersonal skills and ability to maintain effective partnerships and working relations in a multicultural environment with sensitivity and respect for diversity; and
– excellent legal research and drafting skills.

Only applicants will be considered who submit – as an attachment to their application – a detailed and clear roadmap for undertaking the mapping study, including with regard to the identification and selection of potential national consultants (indicating, where applicable, the contractor’s network of international IP enforcement specialists, particularly in Africa).

5. Duration of contract and payment

The contract will run from December 1, 2024, to April 30, 2025, respecting the following schedule:

– By January 10, 2025, the contractor will, if they choose to appoint national consultants for specific parts of the study, have selected these national consultants in consultation with the WIPO Project Team and the National Project Teams and considering any proposals that the National Project Teams or wider national stakeholders may formulate.
– By February 15, 2025, the contractor and/or their national consultants will have conducted interviews with the National Project Team and other relevant national stakeholders.
– By March 30, 2025, the contractor will provide an outline of the mapping study, with a summary of the anticipated findings under each section.
– By April 15, 2025, the contractor will provide a first complete draft of the mapping study for feedback and review by WIPO.
– By April 30, 2025, the contractor will submit the finalized study.

The contractor will receive a payment of CHF 35,000.  It is the contractor’s responsibility to ensure appropriate remuneration of any sub-contracted national consultants.

Level of Education: Bachelor Degree

Work Hours: 8

Experience in Months: No requirements