WITH the continuing layoffs and an economy that’s now in the doldrums, this Yuletide season is likely to feature a spike in crime, the occurrence of fraudulent activities and an increase in the sale of counterfeit items.
Having this in mind, it is rather perplexing how, in the face of widespread breaches of intellectual property rights, the Bahamas has not been sanctioned and is no longer included on the Special 301 list for its blatant abuse of international copyright laws—particularly since it has had a constant presence there for the past six years and has done very little to combat the violation of intellectual property rights.
The straw market—once thought of as being representative of genuine Bahamian culture and lifestyle—is now an infamous depot for fake designer goods, ranging from Prada to Gucci to Fendi to Louis Vuitton and much more. Paris might be the fashion capital of the world, but downtown Bay Street (market) is a knock-off mecca around these parts. From stealing satellite/television signals to the open sale and peddling of pirated CDs/DVDs at eateries, food stores, sidewalks and out of car trunks, the Bahamas is comparable to China (per capita) in terms of its disregard for intellectual property rights.
While Desmond Bannister, the present Minister of Youth, Sports and Culture and former Minister of Legal Affairs, celebrated the removal of the Bahamas from the Special 301 list in his 2008/2009 budget contribution, I am curious as to what efforts the country’s intellectual property department is undertaking, especially since there doesn’t appear to be a concerted effort to rectify this most prevalent, almost ubiquitous violation of the law.
Furthermore, the minister also indicated in his communication that the budget would make provisions for the proper staffing of that department, so as to populate its database. Has this department been properly staffed and outfitted with the means and necessary equipment to confront the theft and violation of intellectual property?
What happened to Desmond Bannister’s much promised draft legislation, which was supposedly disseminated to industry partners for consideration? Where is the legislation that Mr Bannister promised would “provide for the introduction of the lucrative concept of registering service marks” and “pave the way for future internationally compliant intellectual property legislation?”
It is imperative that the Bahamas assess and revise present copyright legislation relative to that of countries around the world, particularly those that adhere to pacts governing intellectual property. Whether it’s through the passage of legislation or via training and prosecution, we must ensure that international copyright/intellectual property laws/agreements are upheld and that we also employ a strict, copyright registration system.
At present, I’m curious as to what efforts to combat intellectual property theft could have possibly warranted the Bahamas being removed from the Special 301 list, especially when intellectual property rights are being infringed upon on every street corner.
This week, I decided to feature a piece by Ivoine Ingraham, a businessman and social activist who describes himself as “an advocate for the small man, an advocate for the man who is afraid or unable to speak for himself.”
Mr Ingraham, a good friend and social commentator, submitted this piece yesterday while expressing to me that he generally has a “serious problem when it appears that Bahamians are being taken advantage of.”
Mr Ingraham’s comments with reference to the recent layoffs and his colorful views—entitled ‘the hotels are using a big stick with stinging ants to shaft us’—are seen below.
Ivoine Ingraham writes:
The unconscionable dumping of hardworking Bahamians was inhumane to say the least.
The economic downturn and the threat of a depression was the perfect excuse for certain hotel giants to use this great opportunity to get rid of employees, many of whom gave invaluable service.
The real story is that the recession that has been mentioned in the United States came about as a result of the collapse of the giants AIG and Lehman Brothers. Wall Street panicked and caused the United States to bail out the giants with a $700 billion dollar package. The American taxpayer will foot the bill for decades to come.
Freddie Mac and Fannie Mae followed suit by using the same scare tactics to force Uncle Sam to come to their aid or face foreclosure on millions of homes.
Of course, this would raise the eyebrows of many, especially since thousands have already experienced foreclosure on their homes. Recently “the big three” automobile giants—Ford, GM and Chevrolet—have also been jockeying to get theirs.
With this as the backdrop some “big time” hotels in the Bahamas, even though they were enjoying high occupancy rates decided to throw hardworking Bahamians out onto the street without any conscience whatsoever.
They unceremoniously—without notice—turned the lives of its staff upside down which, in some cases, may eternally have a devastating effect.
The “last in first out” policy did not matter in these cases.
People were selected at random and longevity did not matter.
Performance did not matter and certainly loyalty did not matter. The only thing that mattered was the bottom line.
The cold and callous way in which the firing was done speaks volumes.
This was a great opportunity to “purge” the staff and bring heavy pressure on the remaining staff to go the extra hundred miles for the same pay or risk being faced with layoffs or firing.
After some telephone calls and undercover work, I have discovered that no expatriate was fired. NONE! The pronouncements that some expatriates were sent home is hogwash.
If it is said that they were, it was only because they wanted to pretend that they were evenhanded. I challenge all concerned to produce proof that the same percentage of expatriates were indeed fired. But we know better and Bahamians are certainly not as ignorant as investors think we are.
The million dollar question is: “Will the fired employees be replaced with foreigners?” These and other questions must be answered by the inhumane people at the major hotel groups.
The things that we sacrifice to encourage these conglomerates to invest in our country should be revisited.
We owe them nothing, in fact they owe us.
We expose ourselves too much to these people who see us negotiating from a position of weakness and we are given the shaft, with stinging ants on it. In fact they drive it all the way home with a smile on their collective faces. I believe that they call their friends and brag to them about their good fortune.
This Bahamas have been too accommodating for far too long. We must begin to seriously plan for the Bahamas to benefit Bahamians first. We have seen too many incidences of investors who “use” us then discard us like an old wash rag. They get what they want, bring in who they want, allow them to stay as long as they wish and never leave.
Too many construction companies are now operating because companies came in to do a job, get a Bahamian to front for them and to open their company and start their business, only to later discard the Bahamian. And the rest is history!
Aren't we tired of being used?
Shouldn’t Bahamians get the message that in a short time we would be second class citizens in our own country especially if we do not change the way we do things. What would it take for us to qualify ourselves, combine our efforts and conduct business as business?
When would our work ethics change to not settling for mediocrity?
When would respect for each other return? Then and only then would we really benefit from what foreigners have been benefitting from all along!
First published in The Tribune on Monday, December 1, 2008 under the byline, Young Man's View.
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