Still concerned about global rampant copyright infractions, the Office of the United States Trade Representative [USTR] is urging the corruption-riddled Government of The Bahamas to address in the near term certain deficiencies contained in an amendment to the Copyright Act.
In a newly released report is also expressed serious concern that the amendment had not yet been enacted or implemented. The proposed legislation is designed to narrow the scope of compulsory licensing regime for the reception and transmission of copyrighted works broadcast free over-the-air.
In its 2005 evaluation of the protection of intellectual property rights, the trade office classified the amendment as a positive step towards compliance with commitments made under a 2000 agreement between The Bahamas and the United States.
As such, The Bahamas has been downgraded from a priority watch list, risking trade sanctions, to a watch list that requires continued bilateral attention. Taiwan and Korea’s status were also downgraded.
“Until this copyright amendment is properly put into effect, problems continue to persist in the area of copyright protection for U.S. cable programs and motion pictures,” noted the report on 52 countries.
In addition, U.S. officials were particularly concerned that in the absence of the implementation of copyright amendments, the compulsory licensing plan contains provisions that allow Bahamian cable operators to retransmit any copyrighted television programming, including paid for programming whether or not they are transmitted from inside or outside of The Bahamas and whether or not they are encrypted.
It’s the same concern that was expressed in the 2004 report.
“Moreover, until existing regulations are changed, the remuneration system for copyright works under the compulsory licensing programme remains inadequate and arbitrarily includes even lower, special rates for hotels and other commercial enterprises,” the report said.
In that regard, American authorities urged The Bahamas to promptly enact the necessary amendments to copyright regulations.
Last April, the minister of Financial Services and Investments Allyson Maynard Gibson, reacting to The Bahamas being placed on the priority watch list, said the Government had given a commitment to its American counterparts that it would fulfil the obligations made but not carried out by its predecessors.
In September 2000, the Bahamas Government made a commitment to improve intellectual property protection by amending certain “objectionable” provisions in its copyright laws.
Minister Gibson said the government was deeply disappointed that the decision to place the Bahamas on the watch list had been taken, despite certain good faith efforts.
In the new report, authorities in the U.S. found that despite progress made by some countries, weak IPR protection continues to be a serious problem. They called for tough actions to combat global piracy and counterfeiting especially.
In recent times, police officials have been increasingly intolerant of copyright infringements, cracking down on illegal DVD sales – street vendors were particularly the culprits in that regard – and even the sale of counterfeit designer handbags, busting various local merchants for the sale of fake Louis Vutton handbags.
“Strong intellectual property rights protections and enforcement at home and abroad are critical for the success of America’s innovative economy and are top priorities for this Administration,” said Acting U.S. Trade Representative Peter Allgeier. “We are committed to vigilantly enforcing U.S. intellectual property laws and procedures and to working with our trading partners around the world to effectively protect the ideas, brands and inventions of our businesses and entrepreneurs.”
The Trade Act of 1974 instructed the Office of the U.S. Trade Representative to identify annually those countries that deny adequate and effective protection for IPR or deny fair and equitable market access for persons that rely on intellectual property protection. Section 182 is commonly referred to as the “Special 301” provision of the Trade Act.
Countries are placed into a hierarchy of categories, with the ranking of Priority Foreign Country reserved for the worst situations: (1) Priority Foreign Country; (2) Priority Watch List; or (3) Watch List.
Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property.
The Special 301 review occurs annually each April, but out of cycle reviews may be conducted at any time to evaluate changes and developments in particular countries. This year’s Special 301 Report lists 52 countries or economies as Priority Foreign Countries, Priority Watch List, Watch List or Section 306 monitoring.
Countries identified as Priority Foreign Countries can be subjected to a Section 301 investigation and face the possible threat of trade sanctions. These are countries that fail to enter into good faith negotiations or make significant progress in bilateral or multilateral negotiations to provide adequate and effective protection of IPR.
Currently, one country (Ukraine) is designated to be in this category and remains subject to $75 million in sanctions.
According to the report, the theft of intellectual property and trade in fakes have grown to unprecedented levels, threatening innovation and creative economies around the world. Counterfeiting and digital piracy remain areas of particular concern.
The economic damage caused by counterfeiting to the legitimate companies whose products are counterfeited is said to be enormous. Losses to U.S. industries alone are estimated at $200-$250 billion per year.
By: Tameka Lundy, The Bahama Journal
