Proposed trademarks legislation will enable better enforcement of trademark and intellectual property laws by T&T Police Service and Customs and Excise officers, including granting them the ability to arrest without warrants those selling goods under false trademarks.
Legal Affairs Minister Praksah Ramadhar confirmed this in the Senate, yesterday, while piloting the proposed new trademarks legislation to replace the current outdated law. The new legislation proposes increased fines and penalties for offences under the act.
Ramadhar said the bill did not give the police and customs more power, but enhanced their ability to enforce the law on the issues for which they had oversight. It also introduces the issue of trademarks on the Internet.
The bill, Ramadhar said, would target vendors of products carrying false trademarks, as well as those who counterfeited trademarks and those who operated the tools to counterfeit such trademarks
He said the bill required a special majority for passage, since the authorities could affect people's enjoyment of property when enforcing the law and seizing items.
Ramadhar also urged local manufacturers to try and develop scents made from local flowers or produce, since, he noted, some scents are flavoured with the aroma of T&T's tonka bean.
People's National Movement (PNM) Senator Faris Al-Rawi called for the bill to be examined by a special select or Joint Select Committee of Parliament rather than be passed in one day, since, he said, the bill raised a number of new areas, although it was an excellent one and well drafted.
One of the new areas, he said, was that under the law, producers of a product would be able to name competing brands in advertising, a new situation for T&T. He cited other business issues which he claimed might arise and cause a "floodgate of litigation."
Al-Rawi, at the start of his presentation, said he had to disclose that he was involved in trademark issues in court on certain specific matters which the bill might affect. He said other senators, including Independent senators, might also have to disclose an interest in the matter. He said he might have to make further disclosure of interest in two other matters later in the session and a vote on the bill might affect the matters in court.