New Delhi :
The government’s efforts to promote ‘khadi’ are facing a trademark hurdle with the brand having been registered abroad, in countries such as Germany, as well as in India.
After haldi and basmati, this is the latest instance of infringement of intellectual property rights, which is essentially traditional knowledge. What makes the task more difficult for the government is that ‘khaddar’ and ‘khadi’ are common across the Indian sub-continent — from Bangladesh to Pakistan.
While the micro, small and medium enterprises (MSME) ministry has noticed ‘khadi’ being registered in Germany, sources said registrations have taken place in Spain and Hungary too. In fact, some of the ‘khadi’ products manufactured abroad, such as aamla shampoos and heena, can be purchased online too.
Within the country there are around 90 trademarks which have been registered by several entities which includes brands and labels such as ‘Khadi’, ‘Khadi Gramudyog’ and ‘Khadi Bharat’.
The government is contemplating future course of action, including taking up the issue with the European authorities. “We have noticed that there have been some IPR infringements and that is why we are trying to have our own trademark,” said a senior MSME ministry official, adding that the khadi logo is a step in that direction.
The development comes at a time when Prime Minister Narendra Modi is pushing khadi and on Sunday said that sales have more than doubled since he made his first radio address last month.
While experts are still worried over India’s ability to get its IPR rights back, the MSME ministry official said that khadi is not just a way of life in India for centuries but also enjoys legal backing under the Khadi & Village Industries Commission (KVIC) Act, at least since 1956.
The official, however, ruled out seeking Geographical Indication registration like Darjeeling tea of champagne, which is based on the specific characteristics of a product and is linked to a particular part of the world where it comes from.
The department of industrial policy and promotion has suggested that KVIC should seek an international trademark under the World Intellectual Property Organization’s Madrid Protocol. But for that KVIC and the government need to ensure that the brand is not registered elsewhere.
source: http://www.timesofindia.indiatimes.com / The Times of India / Home> Business> India Business / by Sidhartha, TNN / November 04th, 2014