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December 23, 1999

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Perfumes biz, 'sweet' patent enliven trademarks debate

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Two 'new' issues figured in Wednesday's debate on Trademarks Bill in Indian Parliament. More of that later.

The bill seeks to encourage flow of investment and transfer of technology, simplify and harmonise trade-marks.

The Lok Sabha (Lower House) adopted the Trademarks Bill by a voice vote.

The bill piloted by Commerce and Industry Minister Murasoli Maran was earlier passed by the Rajya Sabha (Upper House).

The bill seeks to amend and consolidate the law relating to trade marks, provide for registration and better protection of trade marks of goods and services and for prevention of the use of fraudulent marks.

It also provides for registration of trade marks for services in addition to goods.

Priya Ranjan Das Munshi (Congress) said the bill was timely as consumerism will reach village level with the opening of the economy. He gave the examples of how Darjeeling tea and Assam tea logos were misused to push inferior quality teas to the Middle East.

Munshi wanted the Commerce Minister to rethink on delegating powers for prosecution to deputy superintendent of police instead of sub-inspector, as the case was with the Copyrights Bill.

He wanted a ban on using animals for brand names of consumer products.

Virendra Pal Singh (BJP) was critical of using the historic city Jaipur's name to market a perfume.

B K Deo (BJP) felt the Bill was essential for merchandise of the coduntry in protecting trade marks.

Trilochan Kanungo (BJD) said passage of this Bill was a ''compulsion'' for the country as it has to be legislated before end of this calendar year. He advocated patenting Pahalo Rasgulla (a kind of sweet) for its uniqueness.

Sudersan Acharya (Congress) wanted advocates to be associated in the law-making process so that they could give proper interpretation.

Bolla Bulli Ramaiah (TDP), former commerce minister, said under the changing circumstances, this Bill was essential.

ALSO SEE

The patent curry controversy

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