WIPO Ban on Illegally Using Brand Name Khadi
Source : PIB
Intellectual Property

What we discuss under WIPO Ban on Illegally Using Brand Name Khadi ?

1. What is the Isuue?
2. About Khadi 
3. What is Intellectual Property?
4. How WIPO Protect Intellectual Property Right ?

Why in News ?

The World Intellectual Property Organization (WIPO) has ordered a Delhi-based firm against using a domain name www.urbankhadi.com which illegally uses the brand name “Khadi”.

• The Administrative Panel of WIPO’s Arbitration and Mediation Center has ruled that the firm Om Soft Solutions  had registered and used the domain name www.urbankhadi.com in bad faith and to gain benefit from the goodwill of Khadi.

Key Facts

• The panel’s order came on a petition of Khadi and Village Industries Commission (KVIC) against Om Soft Solutions  which was indulging in the business of garments by misusing the brand name “Khadi”.

  

•  The complainant is also the owner of trademarks Khadi and Khadi India, the disputed domain name www.urbankhadi.com includes the trademark of KVIC and is confusingly similar or identical to the trademarks of the complainant (KVIC).
• Cases Related to misuse of  Khadi Brand
  • On June Delhi High Court barred a Ghaziabad-based trader from manufacturing and selling counterfeit Khadi Prakritik Paint. 
  • On May Delhi High Court restrained Khadi Design Council of India and Miss India Khadi Foundation from using Khadi brand name.
  • On May Arbitration Tribunal in Delhi  observed Khadi was not a generic name to be used by private individuals or firms while permanently restraining an individual from using the brand name Khadi.
  • On March this year the Delhi High Court had also restrained a firm from using brand name Khadi and the Charkha symbol to sell its products under the name IWEARKHADI.
• KVIC has issued legal notices to over 1000 private firms including Fabindia for misusing its brand name and selling products under the name of Khadi.
  • KVIC has sought damages to the tune of Rs 500 crore from Fabindia which is pending before the Mumbai High Court.

About Khadi 

• Khadi means handspun and handwoven cloth.
• Mahatma Gandhi started his movement for Khadi as relief programme for the poor masses living in India in 1918.
• Mahatma Gandhi began promoting the spinning of khadi for rural self-employment and self-reliance as an alternative for cloth produce from mills.
• During the period of Swadeshi Movement Khadi played an important role. 
• Khadi and Village Industries Commission holds the exclusive rights to use the trademark ”Khadi” and “Khadi India”.
• The National Internet Exchange of India Domain Dispute Policy (INDRP) Arbitration Tribunal in New Delhi rejected the contention of a private entity that “Khadi” is a generic word.

What is Intellectual Property?

• Intellectual Property in which enable people to earn recognition or financial benefit from what they invent or create.
• Types of IP
  • Copyright : Mainly describe the rights that creators have over their literary and artistic works. Copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
  • Patent : It  is an exclusive right granted for an invention.
  • Trademark : In order to distinguishing the goods or services of one enterprise from those of other enterprises.
  • Geographical indications : Are used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.

How WIPO Protect Intellectual Property Right ?

• WIPO offers a range of global services for protecting intellectual property (IP) across borders, and for resolving IP disputes outside the courts.
• international Alternative Dispute Resolution services enableto resolve IP disputes outside the courts, in a single neutral forum, saving significant time and money.
• It is resolved by Mediation, Arbitration and Expert determination.

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