Opposition MP Rinesh Sharma has sharply criticized the Trademarks Act 2021, particularly its provisions granting the Attorney-General extensive authority over trademark applications involving indigenous words or expressions. In a recent parliamentary session, Sharma questioned the decision of the governing Coalition to vest such significant power in a single official without requiring any disclosure of reasons for decisions made under Section 12 of the Act.
Sharma expressed concerns about the lack of an appeals process within the Act, illustrating a potential risk associated with the concentration of power. “What if the minister changes tomorrow? We’ve seen this occur frequently with the current government over the last three years,” Sharma remarked, highlighting the instability such concentration might cause. He called for the government to heed its own rhetoric on reducing unilateral power in favor of a more democratic and balanced approach.
In his address, Sharma also stressed the importance of balancing the law’s cultural protection aims with economic considerations. “While these laws aim to protect our cultural heritage, they should not suppress the use of indigenous names and expressions in business,” he argued, suggesting a potential need for legislative reform that supports cultural preservation while encouraging economic development.
These remarks come in response to Acting Attorney-General Siromi Turaga’s discussions at the World Intellectual Property Regional Dialogue in Singapore, where issues surrounding intellectual property of indigenous culture were a focal point.
The ongoing debates in Fiji’s parliament about the balance of power, as reflected in previous concerns about constitutional amendments, underscore a broader push towards governance that prioritizes public involvement and transparency. Sharma’s criticism of the Trademarks Act 2021 elaborates on similar themes, suggesting a need for reforms that reflect democratic ideals and safeguard the rights and heritage of all Fijians. As these discussions progress, there is an opportunity to craft legal frameworks that respect cultural heritage while promoting a fair and inclusive economic environment.