Opposition Member of Parliament Rinesh Sharma has voiced strong reservations regarding the Trademarks Act 2021, focusing on the provisions that confer substantial authority to the Attorney-General over trademark applications involving indigenous words or expressions. During a recent parliamentary session, Sharma questioned the rationale behind empowering a single official with such extensive power, especially without requiring them to disclose reasons for their decisions as per Section 12 of the Act.
Sharma expressed alarm over the absence of an appeals process within the Act, pointing out the potential risks that come with concentrating power in the hands of a single individual. “What if the minister changes tomorrow? It’s a common occurrence with the current government over the past three years,” Sharma commented, underlining the instability that this level of concentration could bring. He urged the government to align its actions with its stated commitment to reducing unilateral power in favor of a more democratic approach.
Sharma further emphasized the need to balance the law’s cultural protection goals with economic considerations. “While these laws aim to guard our cultural heritage, they shouldn’t inhibit the use of indigenous names and expressions in business,” he stated, suggesting that legislative reform might be necessary to both protect cultural assets and stimulate economic growth.
These remarks were prompted by Acting Attorney-General Siromi Turaga’s engagement at the World Intellectual Property Regional Dialogue in Singapore, where the protection of indigenous intellectual property was a key topic.
The debates in Fiji’s parliament concerning power dynamics echo earlier concerns over constitutional amendments, highlighting a push for governance models that elevate public involvement and enhance transparency. Sharma’s critique of the Trademarks Act 2021 mirrors these themes, emphasizing the need for reforms reflecting democratic principles and safeguarding the rights and cultural heritage of all Fijians. As discussions continue, there is an opportunity to develop legal frameworks that honor cultural values while fostering a fair and inclusive economic landscape.