Bahamas - Protection of Property Rights Bahamas - Property Rights
The Bahamas’ score for ease of “registering property” in the World Bank’s 2016 Doing Business Report is 183 out of 189 countries. (http://doingbusiness.org/rankings). The World Bank report lists the cost of registering property in The Bahamas as 12.2% of property value, as compared with 6.1% for Latin America and The Caribbean and 4.2% for OECD high income countries. The time to complete the registration process is listed as 122 days compared to 63 and 21.8, respectively.
The various forms of land ownership in The Bahamas have their beginnings in English law and can include crown land, commonage land, and generational land. The legal system facilitates the investor’s secured interest in both mobile and immobile property and is recognized and enforced in law. Mortgages in real property and security interests in personal property are recorded with the Registrar General of The Bahamas. The government reduced stamp taxes in the country in 2014, making it easier to register property. The tax now ranges between 4-10 percent of the value of conveyances.
The Embassy has received reports of problems obtaining clear title to property, either because the seller had no legal right to convey, or due to claims to ownership that arose after a purchase was made.
Intellectual Property Rights
The Bahamian government is taking steps to strengthen Intellectual Property Rights (IPR) protection as part of its WTO accession process. To this end, in 2015 the Government passed IPR legislation which seeks to amend or add to the existing IPR regime. These new laws cover patents, trademarks, copyrights, integrated circuits, false trade descriptions act, protection of new plant varieties, and geographical indications. As of March 2016, implementing regulations have not yet been promulgated.
The Bahamian government anticipates that the new legislation, once implemented, will bring The Bahamas into compliance with the terms of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement as well as its obligations under the Economic Partnership Agreement.
The Bahamas is a member of the World Intellectual Property Organization (WIPO) but has not ratified the WIPO Internet treaties. The Bahamas is also a signatory to the following intellectual property conventions and agreements:
- Berne Convention for the Protection of Literary and Artistic Works
- Paris Convention for the Protection of Industrial Property
- Universal Copyright Convention (UCC)
- Convention establishing the World Intellectual Property Organization (WIPO)
- Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property
The Bahamas is not listed as a country of concern in the U.S. Trade Representative (USTR)’s 2014 Special 301 Report.
The Bahamas’ intellectual property registry is maintained by the Department of the Registrar Genera Registrar General Department.
Several general principles are important for effective management of intellectual property (IP) rights in The Bahamas. First, it is important to have an overall strategy to protect your IP. Second, IP may be protected differently in The Bahamas than in the United States. Third, rights must be registered and enforced in The Bahamas, under local laws. For example, your U.S. trademark and patent registrations will not protect you in The Bahamas. You should consider applying for trademark and patent protection even before selling your products or services in The Bahamian market. The Bahamas is not a signatory to the Patent Cooperation Treaty (PCT).
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer copyright protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. In 1976, The Bahamas became a member of the Universal Copyright Convention 1952.
In The Bahamas, users of some forms of protected intellectual property do not make payment directly to the rights holders but make deposits into a Royalty Fund managed by the Copyright Royalties Tribunal. Rights holders are then required to make a claim to the Tribunal to be paid out of the fund. The royalty fund includes payments for television programming and music played on local radio stations.
It is vital that companies understand that intellectual property is primarily a private right and that the U.S. government cannot enforce rights for private individuals in The Bahamas. It is the responsibility of the rights' holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Bahamian law. The U.S. Commercial Service can provide a list of local lawyers upon request.
While the U.S. Government stands ready to assist, there is little we can do if the rights holders have not taken these fundamental steps necessary to securing and enforcing their IP in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights on a mistaken belief that the U.S. government can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a law suit. In no instance should U.S. Government advice be seen as a substitute for the responsibility of a rights holder to promptly pursue its case.
It is always advisable to conduct due diligence on potential partners. A good partner is an important ally in protecting IP rights. Carefully consider, however, whether to permit your partner to register your IP rights on your behalf as doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Keep an eye on your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in The Bahamas require constant attention. Work with legal counsel familiar with Bahamian law to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions.
Small and medium-size companies are advised to work together with trade associations and organizations to support efforts to protect IPR and stop counterfeiting. There are a number of these organizations, both Bahamas or U.S.-based. These include:
• National Association of Manufacturers (NAM)
• International Intellectual Property Alliance (IIPA)
• International Trademark Association (INTA)
• The Coalition Against Counterfeiting and Piracy
• International Anti-Counterfeiting Coalition (IACC)
• Pharmaceutical Research and Manufacturers of America (PhRMA)
• Biotechnology Industry Organization (BIO) IP Resources
IP Resources
A wealth of information on protecting IP is freely available to U.S. rights holders. Some excellent resources for companies regarding intellectual property include the following:
- General Enforcement Information: For information about patent, trademark, or copyright issues -- including enforcement issues in the U.S. and other countries -- call the STOP! Hotline: 1-866-999-HALT or visit www.STOPfakes.gov.
- Patents and Trademarks: For more information about registering trademarks and patents (both in the U.S. as well as in foreign countries), contact the U.S. Patent and Trademark Office (USPTO) at: 1-800-786-9199, or visit http://www.uspto.gov/.
- Copyrights: For more information about registering for copyright protection in the United States, contact the U.S. Copyright Office at: 1-202-707-5959, or visit http://www.copyright.gov/.
- Enforcement: For more information about how to evaluate, protect, and enforce intellectual property rights and how these rights may be important for businesses, please visit the “Resources” section of the STOPfakes website at http://www.stopfakes.gov/resources.
- Toolkits: For information on obtaining and enforcing intellectual property rights and market-specific IP Toolkits visit: www.stopfakes.gov/businesss-tools/country- ipr-toolkits. The toolkits contain detailed information on protecting and enforcing IP in specific markets and also contain contact information for local IPR offices abroad and U.S. government officials available to assist SMEs.
- IP Attaches: The U.S. Department of Commerce has positioned IP attachés in key markets around the world. The IP attaché who covers The Bahamas is located at the U.S. Embassy in in Mexico City and can be reached at:
J. Todd Reves
Intellectual Property Attaché for Mexico, Central America and the Caribbean
U.S. Embassy Mexico City
Mailing Address: Paseo de la Reforma 305 Colonia Cuauhtemoc 06500 Mexico, DF
Office Location: U.S. Trade Center Liverpool No. 31, Col. Juarez Mexico, DF 06600
Tel: (52)(55) 5080-2189
Email: todd.reves@trade.gov
Additional Resources for Rights Holders
Contact at U.S. Embassy Nassau:
Economic/Commercial Section
P.O. Box N-8197
U.S Embassy Nassau
New Providence, The Bahamas
Telephone: (242) 322-1181
Email: CommercialNassau@state.gov
Bahamas Bar Association
P. O. Box N 4632, Nassau, New Providence, The Bahamas:
Telephone: (242) 326-3276; Fax: (242) 328-4615;
Email: bba@batelnet.bs
See also: http://nassau.usembassy.gov/bahamaslawyerslist.html.
Registrar General’s Department
Shirley House, 50 Shirley Street, P.O. Box N-532, Nassau, NP, The Bahamas
Telephone (242) 397-9143
Email: registrargeneral@bahamas.gov.bs, Phone (242) 397-9143
Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.