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Cracking down on counterfeits

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Ryan Pinder

TEACHING Bahamian global trade professionals to detect the movement of counterfeit goods is the first step in preventing the island nation from being used as a hub for international money laundering and terrorist funding, Customs officers were told.

Speaking at a workshop on the counterfeit trade in tobacco, Minister of Financial Services Ryan Pinder said: “The global trade in counterfeit goods is unfortunately flourishing.

“In 2007, the Organisation for Economic Co-operation and Development estimated the total global trade in counterfeit goods was in the neighbourhood of $176 billion per year, a figure which is likely higher today.

“Counterfeit goods do not simply include purses and electronics and by extension copyright and patent infringement but extends past intellectual property rights and has significant human health and safety implications when considering the illegitimate trade in pharmaceuticals, tobacco, and other products for consumption.”

To combat this problem, Mr Pinder said, the government has undertaken three major projects – the new Customs Management Act, a new suite of intellectual property legislation, and a trade sector support loan.

“The new CMA, as you will hear more about, has greatly extended the powers of Customs officers in the Bahamas,” said Mr Pinder.

“No longer do rights holders have to lodge complaints for infringement before Customs can take action. Customs officers can now seize goods, upon import or export, which they believe to be counterfeit; an extremely proactive measure and one that is important to the development of an external trade regime in the Bahamas.”

Mr Pinder said the Trademarks Bill calls on Customs to assist in enforcement matters related to infringement and counterfeit goods. He said Article 63 indicates that rights holders may inform the Comptroller of Customs when he or she believes that a shipment of pirated goods are destined for the Bahamas.

Mr Pinder also said the rights holders can request that the shipment be treated as prohibited goods, which is allowed by the First Schedule to the CMA.

“It should also be noted that the gamut of intellectual property rights to be offered for protection in the Bahamas will expand to include the geographical indications (GIs) and new plant varieties,” said Minister Pinder.

“As a result, Customs officers will also have to be trained in these new areas to be able to detect infringement. We must continue to develop our human capacity in these new areas of enforcement and evolution of new product types and legal protections.”

Mr Pinder said to ensure the successful execution of these two mammoth legislative projects, the government last year secured a loan from the Inter-American Development Bank, or the IDB, for the modernisation of trade institutions.

“The bulk of this $16.5 million loan is specifically dedicated to Customs reform and it is anticipated that through training, restructuring, and advanced technology, the Bahamas Customs Department will be amongst the leaders in Customs management in the region,” he said.

“The government is committed to making the Bahamas an ever increasingly attractive place to do business. The modernisation of Customs, coupled with other trade reforms such as strengthened intellectual property rights and the establishment of Standards Bureau for example are the means to that end.”

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