What are the causes of counterfeiting and piracy in Bahamas?
Which are the goods that most often face counterfeiting and piracy in Bahamas?
Pharmaceuticals most often face counterfeiting and piracy in Bahamas.
Does Bahamas have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Bahamas for the enforcement of Intellectual Property Rights?
They are as follows:
The Geographical Indications, 2015 (Act No. 44 of 2015)
The Copyright (Amendment) Act, 2004 (Act No. 2 of 2004)
The Trade Marks Act, 1906 (CH.322) (as amended up to Act No. 5 of 1987)
The Industrial Property Act, 1965 (CH.324) (as amended up to Act No. 24 of 1994)
The Industrial Property (Amendment) Rules, 2004 (S.I. No. 54 of 2004)
The Customs Management Act 2011
To this end, in 2015, the Government passed the IPR legislation, which seeks to amend or add to the existing IPR regime. These new laws cover patents, trademarks, copyright, integrated circuits, false trade descriptions act, protection of new plant varieties, and geographical indications. Implementing regulations have not yet been promulgated.
What are the different types of IPRs protected by IPR enforcement in Bahamas?
Patent, Copyright and Related Rights, Industrial Designs, Trademarks, and GIs are the different types of IPRs protected by IPR enforcement in Bahamas.
What are the general IPR enforcement obligations in Bahamas?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Firstly, it is important to have an overall strategy to protect your IP. Secondly, IP may be protected differently in The Bahamas than any other domestic, which is why it is necessary to have an understanding of every jurisdiction where the right is to be enforced. Thirdly, the rights must be registered and enforced in The Bahamas under local laws.
Is there any limitation period for filing an infringement action?
Yes - The Trademarks Act provides no specific limitation period. However, the Limitations Act, 1995 provides a six-year limitation period for torts (including passing off) and actions to recover a sum by virtue of a written law (including the Trademarks Act).
Which of the following IPR enforcement channels is/are available in Bahamas?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Bahamas?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Bahamas than the ones mentioned above? If yes, then kindly explain in brief.
What is the approximate timeline of civil litigation related to IPR enforcement in Bahamas?
Infringement actions, exclusive of any appeal, usually last several years.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Bahamas? If yes, then kindly give 2-3 points?
The length of the proceedings is a major disadvantage since it adds to the costs and timeline while bringing in ambiguity (or lack of predictability) in the direction of the proceeding.
Is criminal prosecution available in Bahamas for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Bahamas corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Supreme Court, Court of Appeals
B) Imprisonment Term - Copyright: 02 to 04 years; There are no provisions of Law on criminal sanctions for patent infringement in the Industrial Property Act, 1965 (CH.324) as last amended by Act No. 24 of 1994
C) Monetary Fine - Trademarks: B$200; Patents: up to $USD 2,000; Copyright: $25,000.00 - $100,000.00
Are there any other criminal remedies available in Bahamas than the ones mentioned above? If yes, then kindly explain in brief.
In The Bahamas, ‘costs follow the event,’ and this requires the losing party to pay the winning party’s reasonable legal fees. The winning party may also collect reasonable costs associated with the conduct of the proceedings. These costs are submitted in a bill of costs and typically are the starting point for the assessment of all reasonable costs to be recovered. There are several factors, including the complexity of the matter along with the reasonableness of these expenses, that will factor into exactly how much of these costs can be recovered by the winning party.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Bahamas? If yes, then kindly give 2-3 points?
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Alternative Dispute Resolution (ADR) techniques, including arbitration, mediation, and conciliation, are available to the parties of an IPR dispute. ADR options can and should be considered in any IPR dispute because the settlement of such disputes by means of ADR significantly reduces the costs and time delay in achieving finality of disputes. Furthermore, the parties are typically able to achieve settlement of disputes while preserving their existing commercial relationships and market reputation.
*The Bahamas does not have an IPR recordation system at The Bahamas Customs Department.
Are border control measures (customs) available in Bahamas for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Bahamas?
Who must bear the costs of customs intervention during enforcement?
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Bahamas?
Are there any risks involved in the enforcement of IPRs in Bahamas? If yes, then kindly give 2-3 points.