The Bahamas has retained its position on a United States priority watch list for inadequate protection of intellectual property rights [IPR], drawing disappointment from the government representative primarily responsible for amended copyright legislation.
Fourteen other countries are on the list that was released on Monday.
The U.S. Trade Representative [USTR] Special 301 report expressed concern over the governmentﾴs lack of progress in fulfilling obligations that it committed to in an agreement signed in 2000.
Financial Services and Investments Minister Allyson Maynard Gibson told the Bahama Journal that she was disappointed that the Bahamas was once again on the list.
The USTR first placed the Bahamas on its watch list in 2002 and the following year moved it to a priority watch list.
Earlier this year, the House of Assembly passed an amendment to the Copyright Act that is designed to prevent the compulsory licensing which allows Bahamian cable operators to retransmit any copyrighted television programming whether or not it is transmitted from the Bahamas or abroad.
But the amendment essentially needs Senate approval.
It means that in the future Cable Bahamas will have to strike an agreement with cable providers in the United States to transmit their programming.
ﾓThe reason that we were not removed [from the list], I understand, is that it has not yet been dealt with by the Senate,ﾔ Minister Maynard Gibson confirmed.
The U.S. wants the Bahamas to ﾓpromptly enactﾔ this copyright amendment.
American officials said problems persist in the area of copyright protection for U.S. cable programmes and motion picture copyrighted works.
Additionally, according to the 301 report, the remuneration system for copyrighted works under the compulsory licensing program remains inadequate and arbitrarily includes even lower, special rates for hotels and other commercial enterprises.
ﾓWe have asked the USTR honour its side of the commitment to bring cable operators in the United States to the table to sit with our cable providers so that they can strike an agreement,ﾔ said Minister Maynard Gibson of the pact sealed with the U.S. four years ago.
But, in a press release from the United States Embassy, it was noted that the U.S. continues to encourage U.S. cable operators and copyright holders to enter into negotiations with licensed Bahamian cable operators.
The Special 301 annual report deals with the inadequacy and effectiveness of intellectual property rights protection in countries around the world that are U.S. trading partners.
ﾓThe report sends a message to governments on this yearﾴs list that it is important to exercise the political will necessary to effectively address IPR-related concerns,ﾔ said U.S. Trade Representative Robert Zoellick.
Earlier this year it was revealed in Parliament that the Motion Pictures Association of America had recommended that the USTR place the Bahamas on the priority foreign country watch list for copyright infringements that could eventually lead to the American government imposing sanctions.
If the Bahamas is elevated to the foreign country list, it could mean a withdrawal of the benefits of the Caribbean Basin Initiative [CBI].
The government is attempting to amend the necessary legislation to ensure that no sanctions are imposed on the Bahamas, which conducts significant trade with the U.S.
The CBI allows a wide range of products grown and manufactured in the English-speaking Caribbean duty free entry into the U.S. market.
In 2001, the Bahamasﾴ total exports to the United States was approximately $154.2 million.
Tameka Lundy, The Bahama Journal
