The Bahamas has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The Bahamas lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Art. 23 of the Freedom of Information Act 2017, a record is exempt from disclosure to the public if such disclosure relates to information acquired by a public authority from business, commercial or financial undertakings, and (a) the information relates to trade secrets or other matters of business, commercial or financial nature; or (ii) the disclosure of the information would be likely to expose the undertaking to a disadvantage. Moreover, it is reported that trade secrets may be protected by contract or by common law.

According to Art. 2.1 of the Infrastructure Sharing Regulations, upon written request by an infrastructure applicant to an infrastructure provider, the infrastructure applicant shall provide access to its facilities and the infrastructure provider shall not unreasonably refuse or delay such access. In addition, under Art. 2.2, the infrastructure provider shall negotiate in good faith with the infrastructure applicant on matters relating to access to the facilities and, once granted, shall not withdraw or impede such agreed access, except in the following circumstances: (i) where authorised by the Utilities Regulation and Competition Authority (URCA); (ii) under a dispute resolution process under Part 6 of these Regulations; or (iii) by order made by the Public Utilities Appeal Tribunal or a court of law.

The Bahamas Telecommunications Company Limited (BTC) is the largest provider of electronic communications services in the Bahamas and operates fixed, mobile and broadband networks. In April 2011, BTC was partially privatised when Cable and Wireless Communications acquired a 51% stake in the company, while the rest of the shares are state-owned.
The second mobile telecommunications company licensed in The Bahamas is "Be Aliv Limited" (“Aliv”), which is owned by Cable Bahamas Ltd with 48.25% shareholding and HoldingCo2015 Limited with the remaining 51.75% of the shares. The latter is fully owned by the Government of The Bahamas.

The Bahamas is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.

According to Art. 52(b)(v) of the 2011 Framework Regional Integration Policy on Public Procurement, CARICOM member States may apply a margin of preference in favour of regional suppliers. However, the provision does not specify the level or percentage of the margin of preference.

Art. 43 of the Public Procurement Act of 2023 permits preferential treatment for specific groups, including small and medium-sized enterprises (SMEs), businesses owned by women and young people, and businesses operating on less developed islands. A margin of preference should be applied to eligible bids in accordance with any rules prescribed by regulations (Art. 37.4.g). However, the regulations have not yet been adopted. The Public Procurement Act of 2023 repealed and replaced the Public Procurement Act of 2021, which contained the same restriction in its Art. 46. However, the 2021 Act did not elucidate the beneficiaries of the preferential treatment.

According to Art. 27 of the Public Procurement Act 2023, where the estimated contract amount in a proposed procurement is below the threshold of BSD 155,000 (approx. USD 155,000), the procurement shall be by open competitive bidding limited to national bidders. On the other hand, when the amount is equal to or higher than BSD 155,000, the procurement shall be open to national and international bidders. However, a procuring entity may apply to the Chief Procurement Officer for approval to open any procurement with a contract value below BSD 155,000 to international bidders. It is reported that international bidders must register with the Public Procurement Department. The Public Procurement Act of 2023 repealed and replaced the Public Procurement Act of 2021, which contained the same restriction in its Art. 31.

Although the Public Procurement Act of 2023 seeks to overhaul the administration of government contracts and strengthen transparency and accountability in procurement processes, stakeholders reportedly continue to identify gaps in the enforcement of procurement rules and risks of favouritism in contract awards. Firms have also reported perceived corruption in government procurement.

The Bahamas is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.

The Bahamas’ National Investment Policy provides that foreign direct investment is to receive treatment equivalent to that afforded to domestic investors. Although the policy reserves certain business sectors for Bahamian nationals, none of these sectors are directly relevant to digital trade.

According to the Ministry of Finance’s official website, all foreigners and permanent residents seeking to conduct business in The Bahamas must submit a project proposal to the Bahamas Investment Authority (BIA). The BIA operates as a “one-stop shop” to assist investors in navigating the approval process across the various government departments and agencies, ensuring that all requirements are met before the investment application is forwarded to the National Economic Council or the Cabinet for approval. BIA services are available to all investors whose projects meet the minimum investment threshold of BSD 500,000 (approx. USD 500,000).
The BIA’s Project Proposal Guidelines set out the information and documentation that investors are required to submit, in line with the National Investment Policy. This includes, inter alia, the designation of a local representative (such as an attorney, accountant or agent) and the provision of an environmental impact assessment. It has been reported, however, that companies have raised concerns about significant delays in the FDI approval process, including instances in which the government has reportedly failed to respond to investment applications.

According to Art. 18 of the Patents Act 2024, where an applicant’s ordinary residence or principal place of business is outside The Bahamas, the applicant must provide an address for service within The Bahamas.
In addition, under Art. 9 of Patents Regulations 2025, every person with an interest in proceedings to which the Regulations apply, as well as every patentee, must furnish the Registrar with an address for service in The Bahamas. The address must include the street address and any other information necessary to enable the place of business or location of the person to be easily identified, and may be supplemented by an electronic address for service.

The Bahamas is not a party to the Patent Cooperation Treaty (PCT).