1-Jul-2021: World Intellectual Property Organization Bars Delhi-based Firm from Illegally Using Brand Name “Khadi”

The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations for brand protection across the world, 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”, owned by one Harsh Gaba, had registered and used the domain name www.urbankhadi.com in “bad faith” and to gain benefit from the goodwill of Khadi.

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 panel lent credence to KVIC’s contentions that “it was a systematic attempt by Mr. Harsh Gaba to derive unfair advantage, wrongful commercial gains and to mislead the public into believing that www.urbankhadi.com is an associate of Khadi India.” “It is evident that the respondent can have no legitimate interest in the disputed domain name…nobody would use the word “Khadi” unless seeking to create an impression of an association with Khadi,” the panel noted.

“….the evidence submitted by the complainant (KVIC) leads to the presumption that the disputed domain name www.urbankhadi.com was registered and used by the respondent in bad faith….the panel orders that the disputed domain name be transferred to the complainant, i.e. KVIC,” the panel ruled.

The panel categorically rejected the arguments of “Om Soft Solutions” that the word “Khadi” enjoyed no protection and that nobody had an exclusive right to use the name “Khadi”. “…. the complainant (KVIC) is the owner of several KHADI trademark registrations. 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),” the panel observed.

KVIC Chairman, Shri Vinai Kumar Saxena said the WIPO’s order will bolster Khadi’s fight against violation of its brand name not only in India but also globally. He said KVIC will take all measures to protect the identity and global popularity of Khadi. He said KVIC has registered the trademark “Khadi” in several countries to prevent any misuse of the brand name “Khadi” as it has a direct bearing on the livelihood of our artisans.

It is pertinent to mention that KVIC, in recent times, has won several cases against violation of its trademark “Khadi”. On June 4, Delhi High Court barred a Ghaziabad-based trader JBMR Enterprises from manufacturing and selling counterfeit Khadi Prakritik Paint. On May 28, Delhi High Court restrained “Khadi Design Council of India” and “Miss India Khadi Foundation” from using “Khadi” brand name. On May 3, an Arbitration Tribunal in Delhi had said that “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. In 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 in the last few years has acted tough against such violators. So far 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.

4-Jul-2018: Cabinet approves accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996

The Union Cabinet has approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment The approval is a step towards the objective laid in the National Intellectual Property Rights (IPR) Policy adopted by the Government on 12thMay 2016 which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

Meeting the demand of the copyright industries, these treaties will help India:

  • To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;
  • To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;
  • To instill confidence and distribute creative works in digital environment with return on investment; and
  • To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

Copyright Act, 1957: After the administration of Copyright Act 1957 was transferred to DIPP in March 2016, a study was initiated to examine compatibility of Copyright Act 1957 with WCT and WPPT. Also a joint study was undertaken with WIPO.

The Copyright Act, 1957 was amended in 2012 to bring it in conformity, with WCT and WPPT, includes amendment in definition of "Communication to the public" to make it applicable to digital environment (Section 2(ff)) as also introduced provisions related to Technological • Protection Measures (Section 65A) & Rights Management Information (Section 65B); Moral rights of performers (Section 38B); Exclusive rights of the performers (Section 38A); safe harbour provisions over electronic medium (Section 52 (1) (b) and (c)),

 WIPO Copyright Treaty came in force on March 6, 2002 and has been adopted by 96 contracting parties till date and is A Special agreement under Berne Convention (for protection of literary and artistic works). It has provisions to extend the protection of copyrights contained therein to the digital environment. Further it recognises the rights specific to digital environment, of making work available, to address "on-demand" and other interactive modes of access,

WIPO Performances and Phonograms Treaty came in force on May 20, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment - (i) Performers (actors, singers, musicians etc.) (ii) Producers of Phonograms (Sound recordings). The treaty empowers right owners in their negotiations with new digital platforms and distributors. It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.

Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI).

11-Jun-2021: Dr. Harsh Vardhan addresses 75th session of UNGA on prevention of HIV/AIDS

Dr. Harsh Vardhan, Union Minister for Health and Family Welfare digitally addressed the 75th session of the United Nations General Assembly (UNGA), here today through Video Conference.

The Union Health Minister spoke on Resolution 75/260 which concerns the Implementation of the Declaration of Commitment on HIV/AIDS and the political declarations on HIV/AIDS.

His address is as follows:

I feel honoured and delighted to be addressing this prestigious forum of the United Nations General Assembly today. On behalf of my Government, I extend warm greetings to all of you and thank everyone involved in planning this meeting. It is both a pleasure and privilege for India to participate in this High Level Meeting on AIDS.

While the common perception is that the HIV epidemic is under control, epidemics have the habit to resurge and hence, constant vigil, and appropriate timely remedial measures are necessary.

I must begin by applauding the efforts of healthcare providers and frontline workers including outreach workers who have walked the extra mile risking their lives during COVID- 19 to ensure that no Person Living with HIV is left without medication. I also take this opportunity to pay tribute to those who lost their lives to HIV-AIDS during this period despite our best efforts.

India has ably demonstrated that strong political leadership is most critical to address inequalities and gaps in epidemic response. During the COVID-19 pandemic, India took swift and timely action by involving communities, civil society, and development partners to mitigate the impact of COVID on HIV services. In India, the HIV & AIDS Prevention and Control Act, 2017, provides a legal and enabling framework to safeguard the human rights of infected and affected populations.

India’s unique HIV prevention model is centered around the concept of ‘Social Contracting through which the ‘Targeted Interventions Program’ is implemented with support from civil society. The program is aimed at behaviour change, communication, outreach, service delivery, counselling & testing and ensuring linkages to HIV care.

India is providing free anti-retro-viral treatment to close to 1.4 million people. Indian drugs are also reaching millions of People living with HIV in Africa. India’s National AIDS Control Program has been Revised, Revived and Revamped to focus on hard-to-reach and at-risk populations. We are gradually transitioning the people living with HIV to Dolutegravir, a safer and efficacious anti-retro-viral medication regimen.

Viral Load Testing facilities have been scaled up, and HIV counselling, testing and community-based screening for early diagnosis have been ramped up to achieve the target of Elimination of Mother to Child Transmission of HIV. In line with the motto of the Government of India, ‘Together, for everyone’s growth, with everyone’s trust’, the National AIDS Control Program has signed MoUs with public and private sector industries to mobilise their support for HIV prevention and treatment. India aspires to scale up HIV care to reach 100% of people living with this dreaded disease.

We are fully cognizant of the fact that with only 115 months to meet the target, we need to achieve zero new transmission of HIV if we are to deliver on the promise of ending AIDS in the next 10 years. We have a long journey ahead.We need to foresee and identify our challenges and gaps, customise our program, share knowledge, emulate best practices and stride towards reaching the Sustainable Development Goal of ending the AIDS epidemic, which is a grave public health threat, by 2030.

We are together in this fight against HIV.

26-Sep-2020: Text of PM’s address at the 75th United Nations General Assembly (UNGA) session 2020

Respected President of the General Assembly. On behalf of over 1.3 billion people of India, I would like to congratulate every member country on the 75th anniversary of the United Nations. India is proud of the fact that it is one of the founding members of the United Nations. On this historic occasion, I have come to this global platform to share the sentiments of 1.3 billion people of India.

Your Excellency

The world of 1945 was significantly different from today’s world. The global situation, sources-resources, problems-solutions; all were quite different. And as a result the form and the composition of the institution, established with the aim of global welfare, were in accordance with the prevailing situation of those times. Today we are in a completely different era. In 21st century, The requirements and challenges of our present as well as our future are vastly different from those of the past. Therefore, the international community today is faced with a very important question: Whether the character of the institution, constituted in the prevailing circumstances of 1945, is relevant even today? If century changes and we don’t, then strength to bring changes becomes weak. If we assess the last 75 years of the United Nations, we see several achievements

But at the same time, there are also several instances that point to a serious need for introspection for the United Nations. One could say that we have successfully avoided a third world war, but we cannot deny that there have been several wars and many civil wars. Several terrorist attacks shook the world and there have been bloodsheds. The people who lost their lives in these wars and attacks were human beings, like you and me. Thousands of children, who would have otherwise enriched this world, left us prematurely. So many people lost their life savings and became homeless refugees. Were the efforts of the United Nations sufficient during those times or are these efforts adequate even today? The whole world is fighting the global pandemic of Corona for the last 8-9 months. Where is the United Nations in this joint fight against the pandemic? Where is its effective response?

Your Excellency

Reform in the responses, in the processes, in the character of the United Nations is the need of the hour. It is a fact that the faith and respect that the United Nations enjoys in India are unparalleled. But it is also true that the people of India have been waiting for a long time for the completion of the reforms of the United Nations. Today, people of India are concerned whether this reform-process will ever reach its logical conclusion?

For how long will India be kept out of the decision-making structures of the United Nations? A country, which is the largest democracy of the world, A country with more than 18% of the world population, A country, which has hundreds of languages, hundreds of dialects, many sects, many ideologies, A country, which was a leading global economy for centuries and also one which has seen hundreds of years of foreign rule.

Your Excellency

When we were strong, we did not trouble the world; when we were weak, we did not become a burden on the world.

Your Excellency

How long would a country have to wait particularly when the changes happening in that country affect a large part of the world?

Your Excellency

The ideals on which the United Nations was founded are quite similar to that of India and not different from its own fundamental philosophy. The words Vasudhaiva Kutumbakam, the whole world is a family, have often reverberated in this hall of the United Nations. We treat the whole world as one family. It is part of our culture, character and thinking. In the United Nations too, India has always given priority to the welfare of the whole world. India is the country, which sent its brave soldiers to about 50 peacekeeping missions. India is the country that has lost the maximum number of its brave soldiers in the course of establishing peace. Today every Indian, while seeing the contribution of India in the United Nations, aspires for India’s expanded role in the United Nations.

Respected Chairman

It was India that initiated the ‘International Day of Non-Violence’ on 02 October and ‘International Day of Yoga’ on 21 June. Similarly, the Coalition for Disaster Resilient Infrastructure and the International Solar Alliance are realities today due to efforts of India. India has always thought about the interests of the whole humankind and not about its own vested interests. This philosophy has always been the driving force of India's policies. One can see the glimpses of this philosophy in India’s Neighbourhood First Policy to our Act East Policy, in the thought of Security and Growth for All in the Region, and in our approach towards the Indo Pacific region. India’s partnerships are also guided by this very principle. Any gesture of friendship by India towards one country is not against someone else. When India strengthens its development partnership, it is not with any malafide intent of making the partner country dependent or hapless. We have never hesitated from sharing experiences of our development.

Your Excellency

Even during these very difficult times of a raging pandemic, the pharma industry of India has sent essential medicines to more than 150 countries. As the largest vaccine producing country of the world, I want to give one more assurance to the global community today, India’s vaccine production and delivery capacity will be used to help all humanity in fighting this crisis. We are moving ahead with phase 3 clinical trials in India and in our neighbourhood. India will also help all the countries in enhancing their cold chain and storage capacities for the delivery of Vaccines.

Your Excellency

From January next year, India will also fulfil its responsibility as a non-permanent member of the Security Council. I express my gratitude to all our fellow countries who have bestowed this trust upon India. We will use the prestige and experience of the largest democracy for the benefit of the whole world. Our path goes from human welfare to the welfare of the World. India will always speak in support of peace, security and prosperity. India will not hesitate in raising its voice against the enemies of humanity, human race and human values – terrorism, smuggling of illegal weapons, drugs and money-laundering. India’s cultural heritage, tradition, thousands of years of experience will always stand in good stead for the developing countries. India’s experiences, India’s developmental journey with its ups and downs will strengthen the way towards world welfare.

Your Excellency

In the past few years, following the mantra of Reform-Perform-Transform, India has made great efforts to bring about transformation in the lives of millions of its citizens. These experiences are as useful for many countries of the world as they are for us. Connecting 400 million people to banking system in just 4-5 years was not an easy task. But India proved that it can be done. It was not easy to free 600 million people from Open Defecation in 4-5 years. But India achieved it. It was not easy to provide access to free health care services, within 2-3 years, to more than 500 million people. But India was able to do this. Today, India is one of the leaders in Digital Transactions. Today, India is ensuring empowerment and transparency by providing Digital Access to its millions of citizens. Today, India is implementing a huge campaign for tuberculosis-free India by 2025. Today, India is implementing a programme for providing piped drinking water to 150 million rural households. Recently, India has initiated a huge project for connecting its 6 Lakh villages with broadband optical fibre.

Your Excellency

We are moving forward with the vision of “Self-reliant India” in the changed circumstances of the post Pandemic era. A Self-reliant India will also be a Force Multiplier for the Global Economy. Today, it is also being ensured that there is no discrimination in extending the benefits of all the schemes to every citizen of the country. Large scale efforts are being made in India to promote Women Enterprise and Leadership. Indian women, today, are the biggest beneficiaries of the largest Micro Financing Scheme of the world. India is one of those countries where women are provided Paid Maternity Leave of 26 weeks. The rights of Transgenders are also being secured through necessary Legal reforms.

Your Excellency

In its journey towards progress, India wants to learn from the world as well as share its own experiences with the world. I am confident that on the occasion of its 75th anniversary, the United Nations and its member countries will endeavour with a strong commitment to maintain the relevance of this great institution. Stability in the United nations and empowerment of the United Nations are essential for the welfare of the world. On the occasion of the 75th anniversary of the United Nations, let us once again pledge to dedicate ourselves for the welfare of the world.

Thank you

14-Nov-2018: India votes against UNGA draft resolution on use of death penalty

India has voted against a UN General Assembly draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the “rarest of rare” cases.

The draft resolution, taken up in the Third Committee (Social, Humanitarian, Cultural) of the General Assembly, was approved with a recorded vote of 123 in favour, 36 against and 30 abstentions.

India was among the countries that voted against the resolution, which would have the Assembly call on all States to respect international standards on the rights of those facing death penalty and ensure that it is not applied on the basis of discriminatory laws or as a result of discriminatory or arbitrary application of the law.

First Secretary in India’s Permanent Mission to the UN Paulomi Tripathi, giving the country’s explanation of vote, said the resolution sought to promote a moratorium on executions with the aim of abolishing death penalty.

“My delegation has voted against the resolution as a whole, as it goes against statutory law in India,” she said.

“In India, the death penalty is exercised in ‘rarest of rare’ cases, where the crime committed is so heinous that it shocks the conscience of the society. Indian law provides for all requisite procedural safeguards, including the right to a fair trial by an independent Court, presumption of innocence, the minimum guarantees for defence, and the right to review by a higher court,” she said.

The draft resolution’s passage followed an intense debate and Singapore introduced an amendment on behalf of 34 countries that reaffirmed the countries’ sovereign right to develop their own legal system. The Committee then approved this amendment by a recorded vote of 96 in favour to 73 against, with 14 abstentions. India voted in favour of this amendment.

13-Feb-2018: Venezuela, Libya suspended from voting in UNGA

Venezuela and Libya have been suspended from voting in the U.N. General Assembly for the third time in three years because of millions of dollars in unpaid dues to the world body.

Secretary-General Antonio Guterres informed the General Assembly in late January that 14 countries including Venezuela and Libya were in arrears, and Assembly spokesman Brenden Varma confirmed that Venezuela and Libya has lost its vote in the 193-member global organization as a result.

According to a letter from Guterres to the Assembly president, Venezuela must pay a minimum of $25,200,296 to restore its voting rights, and Libya must pay at least $6,594,842.

Venezuela is engulfed in an economic and political crisis and Libya has two rival governments, each backed by an array of militias.

The other countries that lost their voting rights are Central African Republic, Dominica, Dominican Republic, Grenada, Marshall Islands, Surinam and Yemen. Equatorial Guinea, which is on the Security Council, also lost its vote.

In a resolution, the General Assembly decided that Comoros, Guinea-Bissau, Sao Tome and Principe and Somalia would be permitted to vote despite being in arrears.

7-Dec-2020: UNAOC Resolution and India’s Concerns 

At a UNGA session on 'Culture of Peace', India raised concerns over UN Alliance of Civilizations (UNAOC) resolutions. India criticised the UNAOC for what it called “selectivity” in seeking to protect Abrahamic religions - Islam, Christianity and Judaism - over others.

The Indian delegate pointed out the previous resolutions of the UNAOC dating back to 2006. The resolutions had repeatedly criticized the hatred against Abrahamic religions - “Islamophobia, Christianophobia and anti-Semitism”, but they had not condemned the attacks on other religious groups including Hindus, Sikhs and Buddhists. These have notably suffered terror strikes and seen their shrines destroyed in Afghanistan and Pakistan.

In particular, India said, the UNGA statement welcomed the Kartarpur Gurudwara corridor agreement between India and Pakistan. But the UNGA failed to note that Pakistan’s government has taken over the management of the Sikh shrine. India called this a contravention of the agreement and a violation of Sikh beliefs.

India’s delegate also accused Pakistan of a “culture of hatred” against “religions in India” and fostering cross-border terrorism. India emphasized that a culture of peace could not exist until this was changed.

India’s concerns that UN resolutions portray only three religions as victims of religious hatred are completely valid. It is important that they are broadened to include every community that faces religion-based violence. It is also important that India thwarts Pakistan’s attempts to create a controversy against India by pushing these resolutions as India steps to take its two-year seat at the UN Security Council.

New Delhi has been concerned by an increase in intrusive language from the UN bodies concerned as well. The UNAOC issued a statement of “grave concern” over the Delhi riots in February 2020 that it said resulted in casualties of “mostly Muslims”. India is keen to oppose the UNAOC and other UN arms, like the UNHRC, that have criticised the Citizenship (Amendment) Act.

UNAOC: Alliance of Civilizations

The Alliance of Civilizations aims to improve understanding and cooperative relations among nations and peoples across cultures and religions. It also helps to counter the forces that fuel polarization and extremism.

The United Nations Alliance of Civilization (UNAOC) was established in 2005, at the initiative of the Governments of Spain and Turkey, under the auspices of the United Nations.

A High-level Group of experts was formed by former Secretary-General Kofi Annan to explore the roots of polarization between societies and cultures today, and to recommend a practical programme of action to address this issue. The Report of the High-level Group provided analysis and put forward practical recommendations that form the basis for the implementation plan of the United Nations Alliance of Civilizations.

On 27 February 2013, H.E. Mr. Nassir Abdulaziz Al-Nasser assumed the position of UN High Representative for the Alliance of Civilizations succeeding President Jorge Sampaio.

The UNAOC High Representative and Secretariat based in New York work with a global network of partners including States, international and regional organizations, civil society groups, foundations, and the private sector to improve cross-cultural relations between diverse nations and communities. It also works at the grassroots level, promoting innovative projects that build trust, reconciliation and mutual respect.

The Alliance works in four program areas to support such projects. These areas are: youth, media, education, and migration.