The Rajya Sabha on Tuesday passed by voice vote the Trade Marks (Amendment) Bill, 2009 that allows any person or an enterprise to seek registration or trade mark in any of the 84 member countries of the Madrid Protocol through a single application. The Bill was passed by the Lok Sabha in December last.
Replying to a discussion on the Bill, Commerce and Industry Minister Anand Sharma said the Bill had been amended to align Indian trade mark with provisions of the Madrid Protocol. It also provides for international enterprises and persons to apply in India.
At present, an applicant has to approach different countries in different languages with separate fee.
Agreeing with members, he said India would need to upgrade its human resource, infrastructure, technology and software. A sum of Rs.300 crore had been earmarked in the 11th Plan for this purpose.
However, BJP member Prakash Javadekar said the amendment had come under pressure from the European Union at a time when India was negotiating a trade and investment treaty with it. “This amendment, at such a time, undermines India's bargaining power with the E.U. as there is a provision that India must join the Madrid Protocol.”
Questioning whether Indian offices were equipped to deal with international standards and changed laws, he said the Indian economy would gain little from the amendment in the law.
Mr. Javadekar also pointed out that the government had the tendency of introducing new provisions in Bills after the Standing Committees had already given their recommendations. “If the government wants to re-introduce some provision then it should again send the Bill to the Standing Committee.”
Mr. Sharma asserted that India had not signed any treaties “under pressure” and that there was no pressure from the EU for this amendment.
