What’s the connection, you might ask? Well, you’d have to dip into a rather profound parliamentary conversation that preceded the passage of the 1999 Trademarks Act (the one that brought in the IPAB)..to get to the root of this mystery! Here goes:
Title: Discussion on the Trade Marks Bill, 1999 (16:12 hrs).
Mr Chairman: Hon. Minister, Shri Murasoli Maran may move the Trade Marks Bill for consideration. Time allotted is 2 hours.
THE MINISTER OF COMMERCE AND INDUSTRY (SHRI MURASOLI MARAN): Sir, I beg to move:
“That the Bill to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks of goods and services and for the prevention of the use of fraudulent marks, as passed by Rajya Sabha, be taken into consideration.”
Sir, the proposal before this House to consider the repeal and replacement of the Trade and Merchandise Marks Act, 1958 and to enact a new legislation to be called the Trade Marks Bill, 1999 is part of the Government’s initiative to modernize the laws relating to intellectual property and make them more user-friendly. The law relating to the registration and protection of Trade Marks in India is the Trade and Merchandise Marks Act of 1958. In the four decades since the statute came into force, the Act has not been amended even once.
Therefore, I seek the unanimous support of this august House in considering the Trade Marks Bill, 1999.
Mr Chairman: Motion moved:
“That the Bill to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks of goods and services and for the prevention of the use of fraudulent marks, as passed by Rajya Sabha, be taken into consideration.”
Shri Priya Ranjan Dasmuni (Raiganj): Mr. Chairman, Sir……
….Some of the established trade marks are …causing some problems….I wonder, how does smoking link with monkey? “ हिन्दुस्तान में एक वानर भाई बीड़ी है। “
I do not understand the logic of linking smoking with monkey or an elephant with mustard oil. “हाथी मार्का तेल खरीदो तो अच्छा है। हाथी मार्का तेल एक समय में इतना मशहूर हो गया था कि सब लोग गलतफहमी में थे कि हाथी की छाप है तो ठीक है।”
Somebody riding on an elephant shouts “वह तेल खरीदेगा। “
He is not giving food to the poor elephant. But he is putting somebody as a rider on the elephant. I personally feel that since we have a lot of respect for the wildlife, the way we are using the symbol of elephant or tiger or monkey for the sake of our consumerism is very very painful and sickening to me. This matter of course does not cause concern for the trade. But it sometimes creates laughter and mystery behind it.”
The Roast
So clearly, an animal lover out there! But alas! In the very same set of debates, another Parliamentarian calls for the roasting of the Indian hornbill (worse still, his rant has nothing to do with the trademarks act or the trademarks bill):
Shri Trilochan Kanugo (Jagatsinghpur): “Sir, a patient, Shri Banke Behari Das, a Member of the House of Elders — the Socialist people must have heard about him — had come to the All India Institute of Medical Sciences. He was suffering from Rheumatism. The doctors told him that he had come from Orissa, the land of medicine for this disease. They asked him why did he come to Delhi when the medicine was available in Orissa. Banka Bata said I do not know what is and where is that medicine.” The doctors told him that Indian hornbill was the medicine. The Oriya equivalent of this is known as Kochilakhaichadehi Kochilakhaipokhi. Kochilakhaipokhi, he who takes the entire thing in totality by roasting it, the rheumatism and arthritis will go.”
There you go! Never a dull moment in our Parliament. Particularly when they discuss IP!
ps: image from here.
