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Finding a Balance in Innovation and Authorship: AI-Generated Works in Focus
0₦2,500.00Chukwuebuka Okoli and Ifeanyi Ujah, in their article, Finding a Balance in Innovation and Authorship: AI-Generated Works in Focus, venture into the legal basis of protecting AI generated works. While the debates surrounding the protection of AI-generated works continue to linger, the United Kingdom (UK) Supreme Court in Thaler v Comptroller-General of Patents, Designs, and Trade Marks ruled that AI cannot be regarded as an ‘inventor’ under the aegis of UK patent law. Before then, the Estonian Supreme Court had held that the presumption of authorship applies only in cases where the right holder, relying on the presumption, is a natural person who created the work, not a legal person who has obtained economic rights under the law or by contract. These cases and many others seem to give the impression that all hope is lost for the recognition of the input of AI in the Intellectual Property (IP) Law Regime. Nonetheless, when examined critically, this popular view, as exemplified in the above cases, highlights that the current stance leaves much to be desired – bearing in mind the pervasive consequences of technological advancements in our society. In this light, Okoli and Ujah make a case for a redefined approach to the placement of AI in the IP landscape through policy reforms and suggest that parties should be encouraged to set out parameters that could be enforced as contractual agreements. Relying on the doctrinal approach, it contends that works produced by AI should be protected like natural persons – but this should be dependent on the circumstances of each case. Conclusively, this work will employ the analytical method to drive home its points.
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Construing Conversion Contracts in the Nigerian Petroleum Industry in the Light of the Decision in Central Bank of Nigeria (CBN) V. Adani Mega System Ltd: Jurisdiction of the Federal High Court to Entertain Disputes Arising From Statutory Contracts
0₦2,500.00Conversion contracts executed pursuant to the Petroleum Industry Act 2021 (the “PIA”) now form part of the types of contracts in the Nigerian Petroleum Industry. The PIA permits pre-PIA licensees or lessees (holders of oil prospecting licenses or oil mining leases) to convert their licenses or leases to reflect the licensing regime under the PIA. These conversion contracts have statutory underpinnings which could elevate their status from ordinary simple oil and gas contracts to contracts with statutory flavour. The decision in CBN v Adani Mega System Ltd established an exception to the general rule that the Federal High Court lacks jurisdiction to entertain disputes arising from simple contracts. Based on the decision, the Federal High Court can assume jurisdiction to entertain disputes arising from contracts with statutory flavour. When viewed from the prism of this decision, Eric Otojahi, in his article, Construing Conversion Contracts in the Nigerian Petroleum Industry in the Light of the Decision in Central Bank of Nigeria (CBN) V. Adani Mega System Ltd: Jurisdiction of the Federal High Court to Entertain Disputes Arising From Statutory Contracts, submits that conversion contracts made pursuant to the PIA may be elevated to the status of contracts with statutory flavour for which the Federal High Court can assume jurisdiction to hear and determine any dispute arising therefrom. While the general rule applies to purely private oil and gas contracts between licensees or lessees or between licensees/lessees and third parties, conversion contracts entered into between licensees or lessees and the Nigerian Upstream Petroleum Regulatory Commission pursuant to the PIA could be regarded as contracts with statutory flavour within the exception established in CBN v Adani Mega System Ltd.
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Rethinking Energy Transition Finance in Africa: Towards a Regional Market and Policy Framework
0₦2,500.00Africa, as a continent, faces a challenge of energy poverty in large part due to the existence of enormous and yet untapped renewable energy resources. Admittedly, the continent has made significant progress in transitioning towards cleaner and more sustainable energy systems. However, due to the enormous financial investment needed, energy transition has moved at a rate that is significantly lower than what is required. Desmond Ogba, in his article, Rethinking Energy Transition Finance in Africa: Towards a Regional Market and Policy Framework, argues that the challenge associated with energy transition financing in Africa is the high cost of renewable energy projects, which is further exacerbated by the fragmented, project-by-project financing model currently employed on the continent. Ogba conceptualises a sui generis mechanism that has the potential to serve as an effective financing vehicle for large-scale, sustainable energy transition projects in Africa. It employs a doctrinal methodology that is informed by examining applicable legal frameworks, policy instruments, and existing literature on the subject of energy transition financing. Ogba examines existing financing models driving Africa’s energy transition projects, ascertains structural limitations in these models, and assesses their effectiveness in driving Africa’s energy transition projects. Ogba concludes by proposing a regional financing architecture that will blend public and private capital, deploy sophisticated risk mitigation instruments, and proactively build the market infrastructure needed to attract investment at scale. It posits that for Africa to unlock its renewable energy potential, it is not only necessary to increase funding pledges for renewable energy projects but also to re-engineer and restructure Africa’s capital mobilization.
