News

Fiji's outdated trademark law plagued by gaps

September 2, 2025 1:13 pm

The Standing Committee on Foreign Affairs and Defence on the Trademarks Amendment Bill heard that gaps in the country’s trademark legislation continue to create challenges for businesses and communities, decades after the law was first introduced.

Committee acknowledged the contribution of Siwatibau and Sloan, a law firm actively involved in providing legal guidance on trademark issues.

Member Peinoni Ravunawa commended the firm’s commitment and expertise in supporting those affected by the evolving Trademark Bill.

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Ravunawa adds that the Trademark Act, originally enacted in 1933 and amended in 2021, has struggled to gain traction due to the absence of an organizational structure, clear regulations, and effective implementation by the Registry of Trademarks.

“It is something that has brought a lot of light into our ignorance of this trademark act and exercise altogether. Now, you mentioned that you are hoping that this amendment, the seven amendments that are before us will not be applied retrospectively, affecting those that are already in the business. It’s a good recommendation that you’ve provided to us, and also you mentioned that this amendment that are before us are in a way kind of poorly worded”

He stated that the Act’s operational framework has remained vague, leaving many stakeholders uncertain about its enforcement.

During the hearing, concerns were raised over the seven proposed amendments currently before Parliament.

The Committee encouraged the law firm to provide further written recommendations to refine the drafting of the bill and ensure its alignment with international trademark standards.

Lawmakers stressed that the goal is to improve on the shortcomings of the 2021 amendment while preserving the intent of the original 1933 Act, making Fiji’s trademark regime both functional and globally compliant.

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