The Tribune

By RICARDO WELLS

Tribune Staff Reporter

rwells@tribunemedia.net

FREE National Movement Chairman Michael Pintard yesterday urged the government not to hasten the implementation of its compendium of intellectual property bills, arguing that the components of the legislation needed to be “tightened up”.

Mr Pintard, despite commending the Progressive Liberal Party for “getting the ball rolling” on the protection of intellectual properties, did express concern that the government may rush the passage of the “needed” compendium of bills in hopes of presenting it as “a success amongst many failures.”

Speaking to reporters on the sideline of yesterday’s Senate debate, Senator Pintard called on the Christie administration to take the best approach with the bills by allowing for “everyday, regular citizens” to grasp the facts.

He said: “The government should have fully engaged the population, and that should be standard for all pieces of legislation that they are claiming the public is likely to benefit from. They should have engaged the public to point out what this bill is likely to do to improve life in the Bahamas.

“Unfortunately, they did not engage in an educational campaign so the average person who is engaged in the creative arts, whether it’s Junkanoo, whether it is theatre or publishing a book; many of them do not fully appreciate the potential to have the products secure in this jurisdiction and to be paid for it, as well as to export those products with full protection,” he stated.

The government is seeking to pass a total of six bills - the Trademarks Bill 2015; the Patents Bill 2015; the Copyright (Amendment) Bill 2015; The Geographical Indications Bill 2015; The Integrated Circuits Bill 2015 and The False Trade Descriptions Bill 2015.

They are all intended to protect and improve the economic livelihood of the intellectual property in The Bahamas.

In addition to an educational campaign, Mr Pintard suggested that the PLP rethink its approach with sections of the proposed patent bill, insisting that the rights of employees could be infringed upon in instances where they create goods or services by means of employment.

“We should be very careful that we not only protect employers when an employee creates a product, but that it is carefully spelled out in the legislation where employees are protected so that companies could begin to think about encouraging employees to be creative,” he said.

“They should not have to leave an establishment or an operation to set up a new idea out of fear that it can be taken away, those good ideas could bear fruit in the environment where they are employed.”

He went on to state: “I thought that the government missed a marvellous opportunity and they should still engage in that discussion.”

Earlier this month State Minister for Legal Affairs Damian Gomez told the House of Assembly the 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.

He added that persons convicted of such an offence would face a fine of up to $50,000 or five years’ imprisonment.

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.