Opposition MP Rinesh Sharma has criticised the Trademarks Act 2021 which gives absolute power to the Attorney-General to make changes to applications involving indigenous words or expressions.
Speaking in Parliament yesterday, he questioned why the Coalition allowed the A-G to have so much power under this particular legislation.
“Section 12 gives the minister sole discretion, absolute power to approve or refuse applications involving indigenous words or expressions without requiring reasons for disclosure,” said Mr Sharma.
“They have preached so much about in the elections and campaigns about one, two men rule having so much power and democracy coming back to Fiji.”
He said the Act also did not allow an appeals process.
“What is interesting to note that there is no appeal process despite the minister having advisors. There is no appeals process.
“If Fiji traditional knowledge, art and music are not relics of the past but living economic assets then my question to the Government is why does the minister have absolute power?
“What if the minister changes tomorrow? Which is what we have seen with this government in the last three years. The Attorney-General changing.
“What would happen then?
“This Government talks about moving away from absolute power, please live by your words.”
He added that in the pursuit to protect indigenous names and expressions the law should aim for a cultural balance with business engagement.
“At the same time these laws should not suppress these local and indigenous names and expressions.”
Mr Sharma was responding to acting Attorney-General Siromi Turaga’s statement on his recent visit to the World Intellectual Property Regional Dialogue in Singapore in August.
