The Tribune

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

Bahamians are better able to safeguard their intellectual property rights and innovations in foreign countries than at home due to an existing regime that is “so antiquated”, the Attorney General said yesterday.

Ryan Pinder KC, addressing the Prime Minister’s Office’s media briefing on upcoming reforms to this nation’s intellectual property rights (IP) regime, pledged that the legislative changes as well as the planned industry strategy will reverse this situation.

“Because of the proper protections at home, and making it easier to apply for these protections, especially those in the performance industries, the musicians and the artisans and the like, those consuming those services in The Bahamas will have to respect those property rights,” Mr Pinder said, signalling that the creative community could at last receive royalties due for their work.

“It’s easier for them to file for intellectual property rights abroad than it is at home. Therefore, many of them don’t file for IP protection at home because it’s so cumbersome and the actual protections are so antiquated.” Mr Pinder said the reforms will bring The Bahamas in line with international standards and “make it easy” for members of the cultural and creative community to seek IP protection for their work.

Citing the changes as critical to developing an economy driven by innovation, the Attorney General added that the creation of a standalone IP Office, enhanced regulatory regime and easier process through which to obtain copyrights, patents and the like could ultimately generate sufficient activity and revenue such that it pays for itself and no longer requires taxpayer support.

Mr Pinder also suggested that the regulatory enhancements could attract international businesses to register their IP in The Bahamas, so that their creativity and innovations are protected in this nation. And he added that it may also capture “a lot of business coming from within” The Bahamas, with the planned integrated circuits regime designed to attract IT and technology companies.

Noting that Junkanoo and Bahamian cascarilla farmers are just some of the industries that can benefit from a more robust IP regime, Mr Pinder said: “Our government believes intellectual property protection is a foundational element of economic empowerment for Bahamians. We strive for sustainable growth in the future and providing meaningful opportunities and protections for Bahamians in the Orange economy.

“In our ‘Blueprint for Change’ we recognised that a key component of our economy requires the creation of a new economic model for culture and the creative industry in The Bahamas. We likewise recognise that we must provide a legal and practical framework to incentivise creatives to obtain intellectual property for their creations that will empower these creatives to negotiate contracts with international distribution platforms.

“This is why we are charging ahead to rectify a long-standing deficiency in our intellectual property regime with a holistic and comprehensive reform project. It is certainly a new day for Bahamian creatives and participants in our Orange Economy,” he added.

“We will reform our entire intellectual property framework. This starts with legislative reform, to ensure that we have the suite of legislative protections to permit the economic protection and exploitation of Bahamian creative assets.”

A National IP Strategy will guide investment and the sector’s development over the medium-term for about five years. It will help provide a road map for the institutional strengthening of the IP framework in The Bahamas and allow for the country to have a path to grow the sector.

Mr Pinder said: “Once we have implemented our reforms, we will look to split the functions of administering intellectual property rights in The Bahamas from where they currently exist in the Registrar General’s office, and have a standalone dedicated IP Office.

“This is internationally recognised best practices and would provide the necessary focus on what our government believes is fundamental to Bahamian economic empowerment, especially in the creative industries and orange economy.

“Upon passing the legislation, we will partner with the World Intellectual Property Organisation, known as WIPO, which is the United Nations arm on intellectual property protections, to implement a new state-of-the-art online intellectual property platform, digital platform to manage applications and to manage property rights. And that will be interconnected into the worldwide system through WIPO.”