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Royal Caribbean eyes possible Xanadu deal t 1MVT )BSDPVSU MBOE XFTU UP 1SJODFTT *TMF t $SVJTF MJOF TDPVUT SFTPSU XBUFS QBSL TJUFT t 1PTJUJWF TJHOT GPS 'SFFQPSU )BSCPVS EFBM
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net ROYAL Caribbean Cruise Lines is eyeing the potential acquisition of Freeport’s longclosed Xanadu Beach Hotel as part of plans to develop a resort and water park destination, it can be revealed. Multiple well-placed sources, speaking to Tribune Business on condition of anonymity, also disclosed that the cruise giant’s ambitions extend to “all the tracts of land down to Princess Isle” that are presently controlled by Irish-headquartered Harcourt Developments, the Royal Oasis owner.
This newspaper’s contacts, while stressing that no deal has yet been concluded with either Harcourt or Xanadu’s owner, Italian/Bahamian businessman, Mario Donato, said talks between representatives of both property owners and Royal Caribbean are ongoing and seem to be progressing towards a formal purchase offer being made shortly by the cruise line. They added that Royal Caribbean’s interest in what one estimated is a 40-50 acre site, should it acquire all the targeted land parcels, is a signal that it must have reached - or be close to sealing - a deal for Freeport Harbour’s transformation. It has been locked in negotiations with Freeport Harbour Company,
which is 50/50 owned by Hutchison Whampoa and the GBPA’s Port Group Ltd affiliate, for several years. “They want all the tracts down to Princess Isle,” one source said of Royal Caribbean. “It’s probably 40-50 acres. If you look at the map you will see Xanadu at one end and four more ten-acre pieces going down to the west to Princess Isle. Harcourt Developments owns the next two.” Tribune Business was subsequently informed that the Royal Oasis owner controls all the property between Xanadu and Princess Isle. This newspaper can also reveal that Colliers, the Canadian-headquartered international real estate firm that was selected by the Government to
market the Grand Lucayan to potential buyers, has also been called in to fulfill the same role with all Harcourt’s Bahamian properties. Besides the land parcels attracting Royal Caribbean’s attention, Colliers’ assignment is also understood to include marketing the Royal Oasis to prospective purchases. The lead Colliers executive dealing with the Harcourt properties was said to be Gerhard Beukes, its Caribbean managing director and former head of Renew Bahamas, the ex-New Providence landfill operator under the last Christie administration. Mr Beukes last night responded to Tribune Business calls via
Compliance chief loses bid to block grilling by ex-boss
Bahamas suffers 3,000 gap over trademark applications
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BAHAMIANS made 3,000 more trademark protection applications abroad than at home during the five years to 2022, it has been been revealed, with government income from the sector “stagnant” for a decade. A presentation to the Davis administration’s Cabinet, dated December 5 this year, discloses how The Bahamas’ ambitions to develop an innovation-driven economy and unlock the full earning potential of its cultural and creative industries is being undermined by an outdated intellectual property rights regime not fit for the 21st century. The 34-page document, likely put together by Ryan Pinder KC, the attorney general, and released alongside proposed
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BROKER/dealer’s former compliance chief has failed in his bid to prevent attorneys acting for his ex-boss from cross-examining him over his answers to 74 questions posed by US federal regulators. Edward Cooper, former chief compliance officer for Mintbroker International, the defunct Bahamian securities firm that operated as SureTrader, had argued the Supreme Court’s new civil procedure rules did not permit Davis & Co, representing his former principal, Guy Gentile, from questioning him over the answers he submitted to Securities & Exchange Commission (SEC) questions.
GUY GENTILE However, his plea was ultimately rejected by Justice Carla Card-Stubbs in a December 6, 2023, verdict. She found that the examination of witnesses under the Evidence (Proceedings in Other Jurisdictions) Act, as applied in Mr Cooper’s particular case, “must be conducted in the same manner as if the witness was giving evidence at trial”.
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LPIA operator leaves its COVID debt woe behind By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE BAHAMAS’ major airport continues to leave its COVID debt woes behind it with the coverage ratio stipulated by its lenders now healthier than it has even been since the pandemic started. Nassau Airport Development Company (NAD), operator of Lynden Pindling International Airport (LPIA), disclosed in its justreleased annual report for the year to end-June 2023 that its debt service coverage ratio at that date stood at 1.55:1 - well in excess of the required 1.3:1 required by its financiers but for which it had to seek a waiver during two years of COVID.
This temporarily freed NAD from having to maintain that debt service coverage ratio, and the airport operator as a “precautionary measure” obtained the waiver’s extension until December 31, 2022. Ultimately, that extension was not needed because NAD’s debt service coverage ratio rebounded to 1.36 to one, above the limits stipulated by its financing terms, and has ultimately continued to improve since then. And, in a further sign that NAD’s financial health has been restored, the LPIA operator is forecasting that it will remain in compliance with its debt service coverage ratio for the next nine months through to September 30, 2024 - a signal that
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By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
t *OOPWBUPST IFBE BCSPBE GPS HSFBUFS QSPUFDUJPO t 6SHFOU *1 VQHSBEFT UP IBMU AXPSSJTPNF USFOET t 0UIFSXJTF JOOPWBUJPO DVMUVSBM FDPOPNZ IBMUT legislative and regulatory reforms to overhaul The Bahamas’ intellectual property rights safeguards, highlighted what it branded as “worrisome” trends in local trademark, patent and copyright registrations stemming from “a loss of competitiveness” in the sector. When it came to trademarks, which are defined as signs or symbols that distinguish a particular company’s goods or
services from those of its competitors, the Cabinet presentation highlighted the growing tendency of Bahamian creators to seek protection for their products from more robust overseas intellectual property (IP) rights regimes. “For The Bahamas with a relatively weaker legal framework for IP protection as compared to Caribbean neighbours, a much larger portion of Bahamians opt for protection of IP internationally as compared to Caribbean counterparts,” it said. “Over the period 2018 to 2022, a total of 7,275 trademark applications were made by Bahamians abroad, while only 4,205 patent applications were recorded domestically... Should the additional 3,070 applications have also been filed locally, Registrar General fees would have increased by more
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RYAN PINDER KC than $153,000 under the current fee structure. “Notably, over the same period, regional leaders in trademark applications include the Dominican Republic (58,007); Jamaica (14,902); Cuba (12,468) and Trinidad & Tobago (8,474).” Among the sectors identified as benefiting from the proposed trademark and other IP reforms, which have been put out to consultation until March 15, 2024, are producers of local jams, jellies and pepper sauces, plus locally produced salt, and the branding of Junkanoo products, bonefish lodges and Bahamian artists. Pointing to increased brand recognition from
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Gov’t patent earnings down 44% in decade By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Government’s earnings from trademark and patent applications nosedived by 44 percent over past decade as The Bahamas’ “loss of competitiveness” on intellectual property safeguards intensified. A Cabinet presentation on the proposed comprehensive overhaul to The Bahamas’ intellectual property (IP) rights regime, dated December 5, 2023, blamed the country’s failure to modernise these protections for the country’s continued slide against rival jurisdictions despite previous administrations repeatedly pledging to undertake reforms. The report estimated that “the revenue loss due to the absence of modern legislation is estimated at 200 percent annually”, although it did not describe what the 200
percent referred to or give a dollar figure. “Owing to the limited progress in modernising the legal framework for IP protection, government revenue from the IP sector over the past ten years remained stagnant,” the Cabinet presentation confirmed. “The Registrar General’s Department analysis showed the largest volume of IP work related to trademark applications and registrations, similar to most developed countries “Revenues associated with trademarks and patents were estimated at $398,593 in 2012-2013, but by 2021-2022, they steadily declined to $224,049. Revenues associated with copyrights were estimated at $1,324 in 2012-2013, decreasing to $726 in 2021-2022. The noncommercial fee structure regime for licensing of IP, last updated in 2003, further erodes the IP regulator’s revenue.”
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