MDP: Intellectual Property Office needs to be independent to prevent govt influence

Lawmakers from the main opposition Maldivian Democratic Party (MDP) protested against plans to establish a new government institution in the name of Intellectual Property Office on Tuesday, arguing that such an office must be established as an independent institution to prevent government influence.

The Maldives Intellectual Property Office Bill, sponsored by Kudahuvadhoo MP Hussain Hameed, a lawmaker from the ruling People’s National Congress (PNC), was presented at the Parliament on Tuesday morning.

During the preliminary debate on the bill, several MDP lawmakers protested against having the Intellectual Property Office run as a government office.

Vaikaradhoo MP Hussain Ziyad (Fitte) said he finds two provisions in the bill particularly worrying, the first of which is that the office is not an independent institution.

“I believe that in other countries, the institution created under this law operates as an independent institution. And it is with good reason. I believe it is imperative that this institution is free from government influence,” he said.

The second provision that Ziyad objects to is allowing the Economic Minister “full control” over the Intellectual Property Office.

According to the new bill, the Intellectual Property Office created under the legislature will be headed by the Registrar of Intellectual Property, who will be appointed and dismissed by the Economic Minister. Meanwhile, the pay will be decided by the National Pay Commission under advisement from the Economic Minister. Article 13 of the bill stipulates that all employees and resources needed by the office will also be procured by the Economic Minister.

Ziyad said that it is not right to allow the Economic Minister “full control” over the office. He also questioned whether the Economic Ministry has the capacity to undertake such a major initiative given the economic woes the Maldives currently faces.

He said that having the Registrar of Intellectual Property appointed with parliamentary approval will increase public confidence in the office.

Ziyad also expressed concern over lack of mention of income-generating sources in the bill. He said that this suggests that the new office will be funded from the state budget, which he said will increase the burden on the state given the dire situation.

Other MDP lawmakers agreed with him.

South Hulhumale’ MP Dr. Ahmed Shamheed noted that the purpose of the bill is to create a regulatory authority to manage and implement key bills submitted to the Parliament, including the copyright bill and the trademark bill.

He said that it is irresponsible to afford the Economic Minister full control over “such a responsible role in such a responsible institution.”

Shamheed called for the provisions to be revised during the committee review.

Meanwhile, Kanditheemu MP Ameen Faisal suggested that though the bill is important in principle, it might not be the most appropriate time for it. He questioned whether creating a new office that will increase the burden on the state is the best move given the current fiscal constraints.

He said that while the Maldivian economy does not lack for invention and innovation, it is not on par with the global economy.

“Therefore, we are bringing 21st century bills here in a country that is not in the 21st century. We haven’t reached that level yet. The bill is important. The bill will provide protection. But none of our ministers have any plan to facilitate ways to ease the burden on members of the public or allow them to save even a single Rufiyaa,” he said.

According to the government, the new bill is designed to create and manage a mechanism to protect intellectual property, promote innovation, and boost the economy.

The Intellectual Property Office created under the bill will be responsible for registration of intellectual property, and creating and updating a registry of intellectual property, among other responsibilities.

Intellectual property is defined in the bill as all intellectual property protected under relevant laws, including trademarks, copyrights, patents, industrial designs and geographical indications.