The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

Proposed changes to the Bahamas’ copyright laws will empower the police to search, and confiscate, goods bearing false trademarks as this nation moves to comply with its Economic Partnership Agreement (EPA) and World Trade Organisation (WTO) obligations.

Damian Gomez, minister of state for legal affairs, told the House of Assembly yesterday that persons convicted of such an offence would face a fine of up to $50,000 or five years’ imprisonment.

He unveiled a batch of intellectual property rights-related legislation, adding that the Trade Marks Bill 2015 will repeal the existing Trade Marks Act (Chapter 322) and will modernise the law on this issue.

“It introduces rights not only in relation to trademarks but also in relation to certification marks and collective marks. In addition, it will allow for the first time protection for service marks applying to services, in addition to the regular trade marks applying to goods and, generally, will provide more favourable provisions for the better protection and registration of trademarks in the Bahamas,” said Mr Gomez.

“The duration of a trademark registration is for a period of 10 years, and may be renewed thereafter as prescribed further in the Act. Section 21 of the Bill provides that the provisions of the Paris Convention and other international treaties in relation to trademarks will apply under the proposed Act and, in the event of conflict between the Act and the treaty, the relevant provisions of the treaty will prevail.

“The Bill provides in sections 64 to 66 for various offenses related to trademarks, including forging and false application of trademarks. Section 72 provides powers to the police to enter and search premises for goods bearing false trademarks, as well as powers on the part of the police to seize, remove or detain infringing goods found during such searches.”

The legislation debated in Parliament yesterday includes the Trade Marks Bill2015; The Patents Bill 2015; the Copyright (Amendment) Bill, 2015; the Protection of New Plant Varieties Bill 2015; The Geographical Indications Bill 2015; The Integrated Circuits Bill 2015; and The False Trade Descriptions Bill 2015.

Mr Gomez said improvements to intellectual property protection are required as a consequence of the Bahamas signing the EPA with the European Union and CARIFORUM. It will also be required as part of this nation’s obligations on becoming a full WTO member.

“In order to become a member of the WTO, the Bahamas must comply with, inter alia, provisions of the WTO Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), which prescribes rules for all major forms of intellectual property (IP), including copyrights, trademarks, patents and industrial designs,” Mr Gomez said.

“Additionally, in October 2008, the Bahamas signed the Economic Partnership Agreement together with other CARIFORUM states. Chapter 2 of that Agreement addresses Innovation and intellectual property matters and also requires, inter alia, compliance with several international agreements.”