shivani
Mr. Chairman, I think the Hon. Minister would have done, if he has explained to the House, the
changes made by the Joint Select Committee in the Bill. I think, it is the duty of the Minister,
where important changes are made to come and explain, what is the real significance and merit
of those changes. Considering anyway giving to the Bill proper. Though some important
changes are made in many respects. I think that it needs to be imporoved. If the social objective
of this Bill is taken into consideration, the Government has not done well in not incorporating the
social objective that had been setforth by Parliament in practice and bringing it into reality, in
this particular Bil. Sir, It is very necessary for us to profit from from experience of highly
industrialist and advanced countries. At the same time, we cannot copy the methods that were
evolved by those countries. We cannot copy the principles that were not evolved in an entirely
different context and transplant them here. Trade mark is a type of industrial property. The
ownership of trade mark has developed entirely in a different context in England, in America, in
Australia and other countries. The capatalists economy was thought to be sacroscant when it
was considered that nothing could be done against the ownership of a property. These
principles were evolved here, when we have said before us. The social objective of establishing
a socialistic pattern of society, when we decide to have presides a heavy industries sector- a
cottage industries sector and a small industries sector, it is perfectly obvious that we cannot
transplant those principles and ideas without the necessary modifications. If we look at the Bill,
it will be prefectly obvious that though the Joint Select Committee has amended it to some
extent. As far as this important aspect is concerned, it has ignored the fundamental or the basic
objective. Lately, .. might point here as I have, just now inform the House, our social objective is
to establish a socialist pattern of society but we also envisage .. industies sector, a cottage
insdustries sector and small industries sector. Accordingly, we visualize production to take
place not only in the Bill owned either by State or by the big capatalist industries but also in
cottage industries and small scale industries. Many attempts were made on behalf of the local
industrialists to manufacture matches but they could not withstand the competition. One
manufactures and harrass them. This is not the only measure to curb these big monopolists.
These foreign monopolists, we should see that this particular trade mark does not become a
weapon in the hands of those big monopolists to prow wead the small industrialists. Sir, that
divoed follower of Gandhi Ji and the present member of the All India Khadi and Village
Industries prow wead. Shri Satish Das Gupta has brought out in his broschure, which I think was
circulated to all the Members of Parliament as to how these big monopolists are endangering
the very existence of small industries and that to specially of the hand-made and cottage
industries. So, when it comes to that, no specific effort has been made by the Government to
see that this particular branch of industry and the products produced by that industry are given
due protection. When we brought it to the notice of the Ministry that in order to protect these
products of the cottage industries and small scale industries, some specific provision should be
introduced in respect of zonal registration... was refused. It has been argued that since the
provision has already been made for implementation of this trade mark to a particular territory
no existence for this zonal registered. But, if we examine this thing, Sir, we can perfectly
understand that Registrar has got the power to limit the jurisidiction of a particular registration
to a particular territory by that the small manufacturer does not deserves any bound. So, we
suggested that some scheme for registering these small products should be evolved and it
should be called zonal registration. There are many produced is consumed locally. There are
many varieties of Bidi. There are many varieties of food-stuffs, which are locally manufacturered
and which are also locally consumed. These people are mainly interested in seeing that their
trade mark is registered and limit to a particular extent. So, producers are not interested in All
India circulation or a All India mark but they are mostly interested in their local consumption.
Some provision must be made for such people to register their trade marks, limiting their
jurisdiction to their particular zones. It has been stated that the jurisdiction should be extended
to the High Courts.