Trademark Bill Introduced with Hefty Fines Up to MVR 2 Million

The government has submitted a new Trademark Bill to Parliament proposing fines ranging from MVR 100,000 to MVR 2 million for trademark infringements, including the theft and trade of counterfeit goods.

The bill, presented on behalf of the government by Ahmed Zahir, the PNC MP for Maduvvari constituency, aims to establish a comprehensive trademark registration system in the Maldives. According to the proposed legislation, this system will protect the rights of trademark owners, define clear procedures for handling violations, and create a more favourable environment for local manufacturers and artisans.

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A trademark, as described in the bill, is any symbol that distinguishes the goods or services of one party from those of another. This could include distinctive names, letters, numbers, graphic designs, colours, or any combination of these elements. The bill requires that anyone registering a trademark must submit a visual depiction, specify the colour if it is a distinctive feature, and provide a list of products and services the trademark will cover, including its translation.

Under the proposed law, trademark registration would initially be valid for 10 years, with the possibility of renewal for an additional 10 years.

The bill also specifies penalties for trademark violations, which include:

• Counterfeiting a trademark
• Using a counterfeit trademark on goods or services;
• Transporting items suspected of carrying counterfeit marks;
• Importing or exporting counterfeit goods; and
• Engaging in the trade of counterfeit goods.

Courts would also have the authority to issue temporary orders to prevent further infringements or to secure evidence in ongoing cases.

During the parliamentary debate, several ruling party MPs emphasised the importance of the bill in aligning local laws with international standards and protecting the authenticity of Maldivian goods and services. They highlighted that effective trademark legislation would benefit businesses and consumers alike.

However, the bill also drew criticism from some opposition members. Mohamed Abbas, MP for Velidhoo, argued that the government should instead focus on increasing national productivity and creativity, noting that many inhabited islands remain underutilised for agriculture and other productive activities.

Abdul Gafoor Moosa, MP for Hanimaadhoo, expressed his opposition to the bill, claiming that existing laws—such as the Copyrights Act—already address trademark protection. He warned that the proposed bill could contradict current legislation and suggested it would be more practical to amend existing laws to address any gaps. Gafoor further argued that the main challenge facing the country is not a lack of legal frameworks, but rather the failure to effectively implement existing laws.