Protect flag with diplomatic ties, not with sentimental strings
The flag is ours to protect only in our homeland but outside its parameter is subject to number of conditions, diplomatic ties included
Inside Bhutan, national emblems, symbols and logos are all revered, some worshipped and to say it straight; protected under governing laws. But as much as Bhutanese would have wished-for, unfortunate incidents have come to pass and it passed like the country in general and its landlocked feebleness are both staggering.
Outside, consumerism conquers all, and it includes compromising national sentiments in exchange for fine-delivered goods. This seems to be an accepted parallel in many countries in the west and European regions.
While all products ensuing are proudly flaunted on one side, feelings are deeply hurt on the other. Few events are witness in the past where flags of respective nations were burnt and people marched in streets protesting such acts.
One such instance was when the image of Lakshmi (an Indian goddess) was printed on swim suits and India witnessed massive strikes and burning of Australian flags.
The Bhutan flag ended up on Adidas (a multi-billion dollar sports apparel company) shoes, back in 2008 and recently this year the Bhutan flag was spread bold over boxers and thongs. Café press.co.uk, an online store was identified as the entity responsible.
It would come to light here that Bhutan has recently released the Royal wedding symbols which have now been franchised to different in-country companies for commercial purposes.
It also means more of eye-catching designs for people and businesses to find on the World Wide Web, and of course to use as they will.
In such prevailing atmosphere every citizen would question who or what protects the nation’s holy symbols, national emblems etc.
The good news here is that Bhutan is already a signatory to the Paris Convention for the protection for Industrial Property and also a member of the Berne Convention for the protection of Literary and Artistic Works since 2004.
However being party to such conventions does not plug all holes because this also needs to be backed with diplomatic ties with other nations to further respect each other’s national values and heritage.
“Within the country we can do so many things but possibility of taking punitive actions outside the country is less,” said economic affairs minister Lyonpo Khandu Wangchuk.
“It was not only of Bhutan’s that companies have used for commercial purposes. This has happened to many countries, all signatory to such conventions as Paris Convention for Protection of Industrial Properties and so many other treaties,” Lyonpo Khandu said.
Asked if Bhutan had done anything regarding the use of the national flag on foot wears in 2008, and then on undergarments recently, Lyonpo Khandu Wangchuk said:
“We can make some noises about it, but ultimately it is not only of Bhutan’s that this has happened with. It has been the case with many other countries.”
He said the process we would go through in terms of laws would be a very complex web of legal procedures and paper works and in the end: ‘We will end up with nothing and by the time the products and designs also disappear.’
“And it is only for short brief periods that these things happen and it is never sustainable, and it doesn’t last. And while it is unfortunate we have to keep on trying our best,” Lyonpo Khandu said.
Bhutan’s copyright law in keeping with international norms and practice does not require any formalities or register for the exercise and enjoyment of the rights.
The intellectual properties division (IPD) under the economic affairs ministry is currently studying the benefits of starting a voluntary deposit and registration system for copyright works. The obvious benefits could be to have a repository of historical and cultural heritage and to serve as prima facie evidence in times of litigation. But this exercise would remain a merely discretionary option for use of the right holders.
The copyright law is like most of the other laws and is limited by its territorial nature; it is only effective within the geographical boundaries of a particular country.
“It is therefore, far-fetched and even preposterous to expect that by having a good domestic law in place one could expect to stop piracy and infringements across the borders,” said Dorji P of the IPD.
The reach of copyright laws and its protective arms can however be extended through the membership of regional and international conventions whose guiding principle is that authors/creators of works published in contracting states, irrespective of their nationality, should be treated without discrimination or under the national law of a member country and without being subjected to any formalities.
“Bhutan joined the Berne Convention for the protection of Literary and Artistic Works in 2004, as it is only through such treaty relationships that we can safeguard and secure protection for the works of our nationals abroad,” said the Intellectual Property officer.
Having a copyright law is however like having a double-edged sword which cuts both ways; it provides us with legal teeth to sue for infringement of our rights but it also provides other concerned parties with the same power.
In the case of Bhutan and India, since both the states are contracting parties of the Berne convention, if copyrighted works from Bhutan are pirated in India, Bhutan can seek protection under the convention but this convention works both ways.
For instance local authors and creators also have an even greater obligation to refrain from using, copying, translating or adapting Bollywood (Indian film industry) music, lyrics, film scores and storyline into local works or productions as this makes them equally vulnerable and prone to similar lawsuits.
The copyright law was passed by the 79th session of the National Assembly in 2001 and several National Seminars have also been organized for the right holders and users of copyright works as well for the enforcement agencies. Awareness and outreach activities have also been conducted among school children, local artists and the general public.
A workshop was conducted in Phuentsholing in March 2009 to create awareness on copyright issues at the border areas for relevant stakeholders.
At present the economic affairs ministry through the intellectual properties division has been proposing to amend the act where necessary to give the enforcement agencies power to take actions.
The amendment would be discussed in consultation with concerned agencies like the judiciary, police and the customs to better understand the perception-practice nexus of government and copyright stakeholders.
In current prevailing circumstances, the responsibility is now placed on the right holders and the owners of the owners of copyright works to be vigilant in both safeguarding and in protecting their rights as it is only through strict and timely enforcement lasting awareness and greater appreciation of the intrinsic value of respecting creative works of others can be fostered.
