VZCZCXYZ0030
RR RUEHWEB

DE RUEHBH #0327/01 0551812
ZNR UUUUU ZZH
R 241812Z FEB 06
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 2123
INFO RUEHBE/AMEMBASSY BELIZE 1225
RUEHWN/AMEMBASSY BRIDGETOWN 5353
RUEHGE/AMEMBASSY GEORGETOWN 3503
RUEHKG/AMEMBASSY KINGSTON 8292
RUEHPO/AMEMBASSY PARAMARIBO 0877
RUEHPU/AMEMBASSY PORT AU PRINCE 3325
RUEHSP/AMEMBASSY PORT OF SPAIN 4494
RUEHDG/AMEMBASSY SANTO DOMINGO 2601

UNCLAS NASSAU 000327 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR WHA/CAR WBENT, EB/IPE AMADAMO 
 
E.O. 12958: N/A 
TAGS: ETRD BF KIPR
SUBJECT: BAHAMAS: INPUT FOR SPECIAL 301 REVIEW 
 
REF: SECSTATE 14937 
 
¶A.  Optical Media Piracy (CDs, VCD's, DVD's) 
-------------------------------------------- 
 
¶1.  No CD's, VCDs, or DVDs are legally mass-produced in The 
Bahamas.  Music CDs produced in The Bahamas by Bahamian 
artists are duplicated and packaged for sale by U.S. 
facilities.  There is widespread sale of pirated goods, 
however.  A chain of video rental/sales stores, Super Video, 
openly sells and rents pirated media.  Several other stores 
in The Bahamas sell pirated media, and vendors of pirated 
media regularly market their wares on sidewalks outside 
grocery stores, from roadside stands, and elsewhere. 
According to government officials, adequate and effective 
enforcement exists under a law in effect since 1998. 
However, a complaint must be lodged for these provisions to 
be applied.  Bahamian copyright owners have sought and been 
given redress based upon the 1998 act, but few other 
complaints have been lodged.  The GCOB uses the lack of 
complaints to justify its position that there is not 
significant optical piracy in the country.  GCOB officials 
further suggest that without the filing of complaints by 
copyright owners, there is little to be done by the 
Government to enforce anti-piracy laws.  Review of relevant 
Bahamian law, however, suggests that police inspectors may 
lawfully seize pirated media with reasonable cause, even if a 
formal complaint is not made.  This remedy is rarely, if 
ever, used. 
 
¶B.  Use/Procurement of Government Software 
------------------------------------------ 
 
¶2.  The Data Process Unit (DPU) of the Ministry of Finance 
purchases all government software.  The unit complies with 
international standards of copyright protection.  Each agency 
must request software from the DPU, which then purchases, 
installs, upgrades and troubleshoots, as required.  All 
software used by the government is licensed according to 
industry and international standards. 
 
¶C.  TRIPS Compliance and FTA Implementation 
------------------------------------------- 
 
¶3.  (C1) Amendments made in 2004 to the Copyright Act and 
Regulations, which would narrow the scope of compulsory 
licensing to include only "communication and reception over 
the air and not encrypted", have not been implemented.  The 
GCOB will not put the amendment into effect until Cable 
Bahamas has licenses in place for programs being broadcast 
over its cable system.  Cable Bahamas made good faith efforts 
in 2005 to obtain those licenses, but remains unable to reach 
agreement with the MPAA.  Cable Bahamas views Spanish 
language programming offered by existing licensing with the 
MPAA as unmarketable, and the MPAA is unwilling to 
renegotiate licensing for more appropriate English language 
programming. 
 
¶4.  The GCOB believes it has complied with the agreement 
reached with the U.S. in 2000, which requires the GCOB to 
amend the Copyright Act and Regulations to narrow the scope 
of compulsory licensing.  Amendments were made, but not 
implemented.  The 2000 agreement also requires the GCOB to 
begin consultations with U.S. copyright owners and/or holders 
to provide enhanced equitable remuneration for compulsory 
licensing and to amend the royalty rate structure in effect. 
The GCOB has made good faith efforts to consult with US 
copyright owners, and has on multiple occasions sought to 
meet regarding these issues, to date without response. 
Bahamian beneficiaries of compulsory licensing are required 
to deposit renumeration with the Copyright Tribunal, but U.S. 
copyright owners have not made claims on these funds. 
 
¶5.  The GCOB continues to welcome action by the U.S. 
government to encourage U.S. copyright owners to enter into 
good faith negotiations with cable operators in The Bahamas 
to provide voluntary licensing on commercial terms.  The GCOB 
believes that the U.S. has failed to meet its obligations in 
the 2000 agreement to facilitate these negotiations. 
According to the GCOB, copyright owners continue to complain, 
but will not negotiate to resolve the issue. 
 
¶6.  (C2) The Bahamas has no new legislation related to 
geographical indications, integrated circuits, plant variety 
protection or TRIPS based IP. 
 
¶7.  (C3) The Bahamas has no new legislation related to 
domestic protection of traditional knowledge or expressions 
of folklore, or addressing issues related to genetic 
resources and access and benefit sharing. 
 
¶8.  (C4) There is insignificant test data submitted by 
pharmaceutical and agricultural chemical companies in The 
Bahamas to make protection of test data an issue. 
 
¶9.  (C5) There is no other pending IP related legislation or 
coordinated government effort regarding IP protection. 
According to the GCOB, it is strongly committed to ensuring 
there is full and complete protection for intellectual 
property in The Bahamas.  The GCOB remains willing to receive 
U.S. input and assistance to ensure protection for 
intellectual property. 
 
¶D.  Enforcement 
--------------- 
 
¶10.  The GCOB believes that it is appropriately enforcing IPR 
violations.  According to government officials, complaints by 
copyright owners are addressed under the 1998 act, but claim 
that without the filing of complaints by copyright owners, 
there is little to be done by the Government to enforce 
anti-piracy laws.  However, review of relevant Bahamian law 
suggests that police inspectors may lawfully seize pirated 
media with reasonable cause.  This remedy is rarely, if ever, 
used.  Sales of pirated goods in video chains, on sidewalks, 
in the local "straw market" and elsewhere is common.  Because 
of lack of recognition of widespread sale of pirated goods, 
and lack of enforcement without specific complaints by the 
copyright owner, enforcement does not serve as a significant 
deterrent against the sale of pirated goods. 
 
¶E.  Treaties 
------------ 
 
¶11.  The GCOB is not a member of the WTO.  It is nevertheless 
reviewing WTO requirements and continues to consider 
amendments that will bring The Bahamas into compliance with 
WTO requirements, including WCT and WPPT. 
 
¶F.  Training 
------------ 
 
¶12.  The GCOB is receptive to training and generally 
cooperative with U.S. efforts, making it a good candidate for 
IPR training.  The Bahamas would benefit from training 
regarding enforcement of IP violations, including improvement 
of police sensitivity to IPR violations and police use of 
seizure of pirated goods upon reasonable suspicion of 
violation.  Post believes that improved police efforts could 
make a significant impact on street sale of pirated goods. 
The GCOB has also said it would welcome information and 
training from the U.S. regarding steps to establish controls 
on, and require licensing of, optical media manufacturing 
capacity and equipment and material inputs. 
 
¶G.  Recommendation to Maintain on Watch List 
-------------------------------------------- 
 
¶13.  The amendments made to the Copyright Act and Regulations 
in 2004 justified last year's move from the Priority Watch 
List to the Watch List.  However, there has been no further 
progress in 2005 to justify the removal of The Bahamas from 
the Watch List.  Despite GCOB efforts, negotiations between 
the Bahamian beneficiaries of compulsory licensing, primarily 
Cable Bahamas, and U.S. rights holders remain at a stalemate. 
 The GCOB uses that stalemate as an excuse for not 
implementing the 2004 amendments and continues to request 
U.S. assistance in mediating the dispute.  The retail sale of 
pirated goods continues to be tacitly permitted.  U.S. rights 
holders have a remedy under the 1998 Copyright Act, but the 
small size of the Bahamian market has limited the degree of 
attention and efforts the rights holders have devoted to 
official complaints.  The GCOB does not pursue other 
potential enforcement actions to stop the retail sales.  The 
GCOB has made an effort to put itself into compliance with 
the letter of its 2000 agreement with USTR, but the core 
problem remains -- compulsory licensing is defacto lawful in 
The Bahamas.  For that reason, coupled with a lax attitude 
toward retail enforcement, Post recommends that The Bahamas 
remain on the Watch List. 
ROOD