Statement to the Media

Attorney-General and Minister of Legal Affairs L. Ryan Pinder, QC
Intellectual Property Reform
30 November 2023

Ladies and gentlemen, thank you for coming today.

Today I am here to discuss the next major reform project of the Davis Administration, a comprehensive reform and modernization of our intellectual property regime in The Bahamas.  Intellectual Property (IP) serves as an effective policy tool in unlocking local creative, inventive and innovative potential, stimulating the transfer and use of technologies and creative works, encouraging fair competition thereby promoting the creation of wealth and fostering national social, cultural and economic development.

Our government believes intellectual property protections 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 recognized 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 recognize that we must provide a legal and practical framework to incentivize 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 longstanding 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.  

IP Reform
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.  

Legislation
Our Government has undertaken an extensive review of the intellectual property laws of The Bahamas and will implement new legislation that is consistent with current international best practices, and will allow for an efficient and streamlined process for international and domestic protection of IP assets and creations.  We will advance new legislation and associated regulations that address the following:
• Copyright Protection
• False Trade Descriptions
• Geographical Indications
• Integrated Circuits
• Protection of New Plant Varieties
• Patent protections
• Trademark protections

These will be comprehensive reforms that will launch The Bahamas into the forefront of intellectual property protections for our citizens, creating the necessary element for economic empowerment in areas of new creations.  We will not pass bills or amendments and not operationalize them.  We will simultaneously put in place the necessary regulations for the suite of legislation to ensure that upon passage in Parliament we can immediately implement the necessary reforms.

International Conventions
A fundamental component of intellectual property protection is the need to join and implement international conventions.  We will join the necessary international conventions to ensure the protection of intellectual property rights internationally.  We will be joining the necessary conventions for international protection of intellectual property in a phased approach, so we can implement the conventions effectively.  Initially the conventions we will join will address trademarks, patents, copyrights, and performers.  At the end of the process, we look forward to joining up to 11 new IP international conventions.  

Operational Reforms
To achieve our goals of utilizing intellectual property it must be easy for creatives to protect their assets, creations, and inventions.  The current framework at the Registrar General cannot sustain if we want to bring true transformative change in leveraging participants in the Orange economy.  We believe that the administration of intellectual property rights requires a focused and dedicated Intellectual Property Office.  Once we have implemented our reforms, we will look to split the functions of administering intellectual property rights in The Bahamas from where it currently lies, in the Registrar General’s office, and have a stand-alone, dedicated IP Office.  This is the internationally recognized best practice 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 of the legislation we will partner with the World Intellectual Property Organization, the IP arm of the United Nations, to implement an online IP application and filing platform.  This will be integrated to ensure global protections in real time.  The vexing issues of manual applications and long delays will be a thing of the past ensuring timely protections of intellectual property rights.  

IP Sector Strategy
A key component to ensuring the IP reforms we discuss are sustainable is the creation and implementation of an intellectual property sector strategy.  Our Government will work closely with WIPO on the creation of a National Intellectual Property Strategy for The Bahamas.  The IP Strategy will guide investment and development of IP in the country over the medium term (5 years). The strategy will aid in providing a roadmap for legal/institutional strengthening of the IP framework in The Bahamas to allow for growth in the sector.  

IP Public Consultation
Intellectual property and the regulatory regime and protections of international conventions is a complex process.  We must ensure that we advance these reforms in a transparent framework providing opportunities for Bahamians to understand what we are doing and participate in the process.  In support of this, we will be undertaking a comprehensive consultation process.  

This process has already begun.  A couple weeks ago in cooperation with WIPO and the CARIFORUM Intellectual Property Rights and Innovation (CARIPI) project the Government held a consultation session with the creative industry and agri-business industry to educate about protecting thei creations and know how to better develop their economic potential.  These types of industry consultations will continue to better expose Bahamians to the benefits of protecting their creative assets utilizing intellectual property protections and laws.  

Next week we will host a briefing for the Cabinet of The Bahamas to discuss the intellectual property reforms and the way forward.  After this briefing the Government of The Bahamas will launch a public consultation website, www.ipbahamas.gov.bs, which will host all of the pieces of the legislative reform, all of the conventions that we look to become a part of to ensure international protections for Bahamian’s intellectual property, and will also have case studies so Bahamians can understand how intellectual property protection can be a key component to their economic advancement.  Technical agencies will be separately consulted such as The Bahamas bar, different sectors of the creatives, such as musicians, junkanoo groups, artisans, agriculturalists and more.  

Our goal is to undertake this comprehensive public consultation and education exercise over the coming months, solicit feedback to the reforms we propose and to advance the legislation to Parliament by the end of Q1, 2024.  This will allow us time to be able to launch our reforms in time for the new budget year 2024 to ensure the initiates are all properly funded and have h support of the Government.  What we purpose are major reforms in an area that has been neglected by The Bahamas for decades.  To advance our Orange economy, to continue to expand opportunities for Bahamians, we must ensure a modern framework of intellectual property protections, it must be a comprehensive and holistic approach, one where Bahamians are educated and exposed to the process along the way.  I personally am very excited for these reforms, as I know many throughout the country are.  It’s a new day for the Orange economy of The Bahamas.