Parliament Approves Trademark Bill, Judges Act Amendment and Accept Evidence Act Changes

The People’s Majlis has approved the Trademark Bill aimed at curbing counterfeit goods entering the Maldives, passed amendments to the Judges Act, and accepted proposed changes to the Evidence Act expanding court authority over journalists in limited circumstances.

Trademark Bill: Measures to Curb Counterfeit Goods

All 63 MPs present voted in favour of the Trademark Bill, introduced by Ahmed Zahir, the PNC MP for Maduvvari constituency. The bill establishes a comprehensive trademark registration system to protect trademark owners’ rights, outline procedures for handling violations, and create a more supportive environment for local manufacturers and artisans.

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A trademark is defined as any symbol distinguishing goods or services of one party from another, including names, letters, numbers, graphic designs, colours, or combinations of these elements. Applicants must submit a visual depiction, specify distinctive colours, and list products and services covered, including translations.

Registration would be valid for 10 years, renewable for a further decade. Penalties apply for counterfeiting, using counterfeit trademarks, transporting suspected items, and importing, exporting or trading counterfeit goods.

Judges Act Amendment: Redefining Judicial Roles

The amendment to the Judges Act, presented by North Thinadhoo MP Saudulla Hilmy, passed with 64 votes. The bill notes that current legislation does not empower the Judicial Service Commission (JSC) to determine permissible activities for judges, and argues that current JSC functions could compromise judicial independence.

The amendment also seeks to reduce certain key powers held by judges, including the removal of a requirement for them to lead the development of regulations governing court administration.

Evidence Act Amendment: Expanded Powers Over Journalistic Sources

Parliament also accepted amendments to the Evidence Act, intended to expand courts’ authority to compel journalists to disclose confidential sources under specific circumstances. The amendment, submitted by Bilehdhoo MP Ahmed Aslam, received 64 votes in favour. The bill was sent to the Judiciary Committee for review.

The proposal grants the High Court sole authority to issue disclosure orders, with rulings mandated within 24 hours. While the current Act protects journalists from being forced to reveal sources without consent, Article 136 already allows exceptions in terrorism or national security cases.

Aslam’s amendment maintains protections for confidential sources but permits disclosure when essential to identify or apprehend a suspect in a criminal investigation. Requests may be made by the Prosecutor General’s Office or the accused. Ruling party MPs say the bill addresses concerns previously raised by journalists.