Bills on trademark and intellectual property office accepted and sent to committee

Parliament, on Tuesday, has unanimously accepted the Trademark Bill, introducing severe fines for trademark infringement, and the Maldives Intellectual Property Office Bill, aimed at protecting intellectual property.

The government-backed Trademark Bill submitted by ruling PNC’s Maduvvari MP Ahmed Zahir was accepted with the unanimous votes of 68 lawmakers in attendance.

Meanwhile, the government-backed Maldives Intellectual Property Office Bill submitted by PNC’s Kudahuvadhoo MP Hussain Hameed was accepted with the unanimous votes of 67 lawmakers in attendance.

None of the lawmakers voted against accepting either of the bills.

As such, both bills have now been forwarded to the Committee on Economic Affairs for review.

Trademark Bill

According to the bill, its objective is to establish a legal framework for trademark registration, thereby creating a supportive environment for producers and artists. It seeks to introduce the primary regulation governing trademark registration, define the rights of trademark owners, and outline the measures that can be taken in cases of trademark infringement.

A trademark is a type of intellectual property that includes a word, phrase, symbol, design, or a combination of these elements, used to identify the source of a product or service and differentiate it from those of others.

The bill specifies that trademarks must comply with the standards outlined in regulations established under the act. In this regard, the submission of a graphic representation of the trademark is mandatory. If the trademark owner intends to use a particular color as a distinctive feature of the trademark, a declaration to that effect has to be provided. Additionally, the application must include a translation of the trademark and a list of goods and services for which the trademark will be used.

The owner will obtain exclusive rights to the trademark only after it has been officially registered. According to the bill, a trademark registered in the Maldives will be valid for a period of 10 years, with the option to renew it for an additional 10 years upon the expiration of the initial term.

The sixth chapter of the bill outlines what can be considered as trademark infringement. They include:

• Counterfeiting a trademark
• Using a counterfeited trademark on a product or service
• Possessing items that can be used to counterfeit a trademark
• Attempting to import or export counterfeited goods
• Sale of counterfeited goods

Any such act will result in a fine between MVR 1 million and MVR 2 million.

Maldives Intellectual Property Office Bill

The law will see the establishment of an Intellectual Property Office which 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.

According to the bill, it 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 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.