Bill Proposes Creation of Intellectual Property Office with State-Appointed Registrar

A bill to establish an Intellectual Property Office, headed by a government-appointed Registrar, was introduced in today’s parliamentary sitting. The proposed legislation was submitted on behalf of the government by Hussain Hameed, MP for Kudahuvadhoo.

According to the bill, ‘intellectual property’ will include trademarks, patents, copyright, industrial design, and geographical indications. The move follows the government’s submission yesterday of a new Trademark Bill that proposes fines ranging from MVR 100,000 to MVR 2 million for trademark infringements, including the theft and trade of counterfeit goods.

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The new Intellectual Property Office will be responsible for registering intellectual properties and maintaining an updated registry. Other key responsibilities include raising public awareness about intellectual property rights, fulfilling obligations under international conventions, and contributing to policy development in the sector.

The Registrar of Intellectual Property, who will serve a five-year term, is tasked with overseeing a detailed register that must include the following nine categories of information:

1. Registered goods and their classification
2. Information about the owner of the registered intellectual property
3. The rights of the owner of the registered intellectual property
4. Date of registration
5. The period of protection for the registered property
6. Information about transactions mandated by law to be included in the register
7. Changes in rights and details of any licensing agreements, including registration status
8. All changes in registration relating to the registered intellectual property
9. Other information required under the relevant Act and related regulations

The bill also outlines an appeal mechanism: if the Registrar decides not to register a property, the applicant may request a review within 14 days. The Registrar must then make a decision within 45 days and has 30 days to present the final decision to the court if necessary.

During the parliamentary debate, MPs from both the ruling party and the opposition acknowledged the importance of strengthening intellectual property protection in the Maldives. However, several members expressed concern about the potential financial impact, as the new office would be funded by the government’s budget, increasing recurrent expenditure.

MP for Vaikaradhoo, Hussain Ziyad, supported the creation of the office but argued that it should function independently. He proposed that the Registrar be appointed by Parliament rather than by a government minister to ensure impartiality.