UN agency orders transfer of disputed domain name to Tata Sons

New Delhi, Sep 28 : Tata Sons, the investment holding firm for the Tata Group, has won a domain case at the World Intellectual Property Organisation against Canada-based Toronto Asia Tele Access.

Toronto Asia Tele Access, whose abbreviated form is 'TATA', claims it provides long distance communication services and has been using a domain name 'tata-telecom.com'.

"The domain tata-telecom.com be transferred to the complainant (Tata Sons)," WIPO Arbitration and Mediation Center said in its judgement.

On May 21 this year, Tata Sons filed a complaint against Toronto Asia Tele Access at Geneva-based WIPO, a UN agency.

Tata Sons had contended that Canadian firm had no rightor legitimate interests in the disputed domain name.

Toronto Asia Tele Access is not commonly known by the disputed domain name but is instead commonly known as "Toronto Asia Tele Access Telecom, Inc", Tata Sons said.

"The respondent (Canadian entity) registered the disputeddomain name in order to exploit and profit from complainant's (Tata) trademark rights," Tata Sons said in its contention at the WIPO Arbitration and Mediation Center demanding transferof disputed domain name.

WIPO is a specialised agency of the United Nations fordeveloping a balanced and accessible international system inthe field of intellectual property rights.

FIIs turns net buyers in debt markets after six months

New Delhi, Sep 27 : Foreign institutional investors (FII) have turned net buyers in the debt market for the first time in the last six months investing net Rs 594 crore in debt instruments so far this year.

FIIs, so far in 2009, bought debt instruments worth Rs 77,161 crore, while sold instruments valued at Rs 76,566 crore, resulting in a net buy of Rs 594 crore, as per data available with the Securities and Exchange Board of India (Sebi).

FIIs remained net investors in the debt segment in the first two months (January and February) of this year, but in March they were net sellers.

Heavy buying trend resumed in September and FIIs turned net buyer in the debt segment.

"FIIs are looking for investment in emerging markets and India is preferred choice. In coming days also, overseas firms will continue their investment strategy," Delhi-based Unicon Financial Intermediaries Chief Executive Gajendra Nagpal said.

In equity segment also, foreign fund inflow has witnessed significant rise in recent time. In first nine-months of this calendar year, overseas inflow in domestic stock markets has crossed a whopping $11 billion (Rs 54,000 crore) mark.

Reliance withdraws GI tag applications for Jamnagar and KG Gas

New Delhi, Sep : Reliance Industries Ltd, thenation's most valued company, has withdrawn applications toregister the terms, 'Jamnagar' and 'Krishna Godavari', asgeographical indication (GI) tags for its petro products.

The Mukesh Ambani-led RIL had sought the GI tag for fiveproducts, four with a prefix of 'Jamnagar' and one for KrishnaGodavari Gas.

The company has now 'withdrawn' its applications for fourproducts, including Jamnagar Petrol, Jamnagar Fuel, JamnagarLPG and Jamnagar Diesel, while request for the registration ofKrishra Godavari Gas has been 'abandoned', a senior officialfrom Chennai-based Geographical Indication Registry told PTI.

RIL, however, declined to comment on the issue.

The GI is a sign used on goods that have a specificgeographical origin and possess qualities, reputation orcharacteristics that are essentially attributable to thatregion.

A GI status provides legal protection and facilitates foraction in case of infringement. Further, it promotes economicprosperity of producers in a particular area. GIs are coveredas an element of Intellectual Property Rights.

GL Verma, Assistant Registrar of Trade Marks & GI, saidthe applications of RIL for the term Jamnagar was facingopposition and now the company had withdrawn its applications.

RIL has withdrawn its GI applications exactly after fouryears of filing. The company had filed its applications forthese products on September 15, 2005, as per the details withthe office of Geographical Indications.

Controller General of Patents, Designs & Trade Marks alsoconfirmed the withdrawal and abandonment of applications.

Under the Geographical Indications of Goods (Registrationand Protection) Act, 1999, the GI office functions under theController General of Patents, Designs, and Trade Marks.

RIL had filed applications under class 4 of GeographicalIndications of Goods (Registration and Protection) Act, 1999.Class 4 of the Act deals with products for industrial oils andgreases, lubricants, dust absorbing, wetting and bindingcompositions, fuels (including motor spirit) and illuminants,candles and wicks.

The GI status for the products with Jamnagar prefix wassought for the geographical areas of Gujarat, whereas the tagfor Krishna Godavari Gas was for Andhra Pradesh.

"The decision in this case is a standard practice," Rodney D Ryder, an intellectual property law expert at Delhi-basedlegal firm Kochhar & Co, said.

In past, the GI tag has been awarded to a number ofproducts or goods such as the famous Darjeeling Tea, MadhubaniPaintings, Kashmiri Sozani Craft and Thanjavur Painting.

Indian MDH loses to Pakistani MDH in website dispute case

New Delhi, Sep 2 : Leading masala-maker Mahashian DiHatti Ltd, popularly known by its brand name MDH, has lost awebsite address dispute case against a Pakistani firm engagedin a similar business at the World Intellectual Property Organisation.

Mahashian Di Hatti had approached the Geneva-based WIPOArbitration and Mediation Center objecting the ownership of anInternet site 'mdhfoods.com' by Pakistan's MDH Food Company.

The Indian firm contented before the Center that disputeddomain name is identical and confusingly similar to its MDH mark, since it incorporates the mark in its entirety and theaddition of "foods" does not detract from its distinctiveness.

The Pakistani firm has no rights or legitimate interestsin the disputed domain name since the complainant (here Indianfirm), as the prior user and hence the lawful owner of themark, has not licensed or otherwise permitted MDH Food Companyto use it, it further said.

The Indian company successfully established the factthat the site 'mdhfoods.com' is confusingly similar to itsmark, but failed to establish the absence of rights orlegitimate interest in the domain name on the part of therespondent.

In its order dated August 19, WIPO's sole panelist --Alan L Limbury -- "denied" the complaint of Mahashian Di Hatti Ltd.

The disputed domain name was registered on February 21last year. The website offers spices and food products.

In its argument before the WIPO Panel, the Pakistanienterprise denied all the claims of the Indian firm and saidit has been selling masala and food products in Pakistan since1984 under the name MDH, which stands for Muhammad Dawood Hassan Food Company.

MDH Food said "in Pakistan its name MDH is unique,sovereign, autonomous, special, independent and commonlyknown."

The WIPO is a specialised agency of the United Nationsfor developing a balanced and accessible international systemin the field of intellectual property rights. The complaintwas filed with the WIPO Center on June 26, 2009.

The complainant (India's MDH) was founded in 1913 as asmall shop in Sialot, now in Pakistan, selling spices underthe name Mahashian Di Hatti, which in Punjabi means "the shopof the Magnanimous."

After the partition of India, the firm moved to Delhiand has since grown substantially, selling spices andcondiments under the logo MDH around the world, includingunder the domain name 'mdhspices.com'.

But because of trade restrictions between the twocountries, it does not sell into Pakistan.

The enterprise has registered trademark rights in thelogo MDH in many countries and the distinctive feature of thatmark is the letters MDH

Tata takes oktatabyebye.com from MakeMyTrip

New Delhi, Aug 26 : Tata Sons, the holding company ofthe Tata Group firms, has won a case at the World Intellectual Property Organisation against the travel portal, MakeMyTrip,which has been using the term 'tata' in one of its website,'oktatabyebye.com'.

Gurgaon-based mmt admin (commonly known as MakeMyTrip)has been using the domain name 'oktatabyebye.com'.

Tata Sonshas contended that it is confusingly similar to its 'Tata'brand and the travel portal runner has no rights or legitimateinterests to use it.

In May, Tata Sons had moved the Geneva-based WIPOArbitration and Mediation Center demanding transfer ofdisputed domain name. The company had argued that the siteinfringed the right of its registered trademark/service mark'Tata'.

The WIPO has now ordered the transfer of domain name toTata Sons.

"The impugned website incorporates the Tata's orporatename and registered trademark in full and it proves that it isidentical in part and confusingly similar to its well-knownbrand in which the company has a statutory right," Tata Sonshad said in its complaint.

Replying to the charges, MakeMyTrip had said the usage ofthe word "tata" as a gesture finds its mention in the originof a place called Ta Ta Creek as far back as in the year 1860and denied that the domain in question is confusingly similarto the trade mark 'Tata' of the complainant.

The Gurgaon-based firm stated that "the impugned domainname is derived from the common parlance "OK Ta Ta Bye Bye"since it signifies travel, journey and related activities.

But in its argument at the WIPO, Tata Sons said, "it isapparent that the sole purpose of registering the disputeddomain name is to misappropriate the reputation associatedwith the complainant's well-known and famous trademark Tata."

The Internet site owner has registered a separate domainname (makemytrip.com). According to Tata Sons, both the sitesoffer similar services.

However, MakeMyTrip says both cater to separate class ofpersons. While makemytrip.com offers discounts and easy accessto travel plans, oktatabyebye.com lets these travelers make anonline records about their journey.

The WIPO is a specialised agency of the United Nationsfor developing a balanced and accessible international systemin the field of intellectual property rights.

As per details available with the WIPO, Tata Sons duringthe case had made an effort to settle the issue with theMakeMyTrip, which refused to accept the just demands on thegrounds on "vague reasons.

Banarasi saree gets GI tag, joins club of protected goods

New Delhi, Sep 18 : Banarasi sarees - famous for their fine quality and elaborate patterns woven in silk and gold - have now joined the club of many protected goods that includes Tirupati Laddu and Darjeeling Tea as it has received a Geographical Indication (GI) status by the government.

The Chennai-based Geographical Indication Registry, the competent authority under Government of India, has issued the GI certificate for' Banaras Brocades and Sarees' this month.

After the grant of GI tag, no saree or brocade made outside the six identified districts of Uttar Pradesh can be legally sold under the name of Banaras Saree and Brocade.

GI tag would help genuine producers to legally counter increasing threats from sarees produced in other regions and countries, but sold in India under the tag of Banaras saree.

The application for GI registration of these products was filed by Banaras Bunkar Samiti, Human Welfare Association and six other organizations in July, 2007.

"GI certificate for Banaras saree and brocade can become an effective tool for economic empowerment of the weaver community," UNCTAD India's Deputy Project Coordinator Abhijit Das said.

UNCTAD and its partners have worked closely with weavers in Banaras and facilitated the process of GI registration.

"We dedicate this recognition to millions of weavers of UP, who are engaged in production of products," Rajani Kant, Director of Human Welfare Association, one of the applicants, said.

GI tag for Banarasi saree would help the weavers of the region to commercially leverage for enhancing their incomes.

GI is an Intellectual Property Right which identifies a good as originating in a certain region where a given quality, or reputation of the product is essentially attributable to its geographical origin.

The GI certificate not only recognises the uniqueness and distinct identity of Banaras sarees, but also of related products such as silk brocades, dress material, bed and table.

The products are manufactured in the traditional manner by weavers in Varanasi, Azamgarh, Chandauli, Jaunpur, Mirzapur and Sant Ravi Dass Nagar (Bhadohi).

"At present, sarees produced in Bhagalpur (Bihar), Surat and Bangalore are also sold as Banarasi sarees.I hope this can be stopped once we get the tag," Rajni Kant added

Tirupati ladoo awarded GI tag

New Delhi, Sep 15 : Tirupati laddoo, offered to devotees at the Lord Venkateswara Temple in Andhra Pradesh, has been awarded geographical copyright.

This bars others from naming or marketing the sweetmeat preparation under the same name.

The Tirumala-Tirupati Devasthanams, a trust that administers the Venkateswara Temple in the Tirumala hills, had applied for Geographical Indication (GI) with the Chennai-based Geographical Indication Registry in March 2008.

“The GI certificate for Tirupati Laddoo has been granted to the trust (TTD). The Laddoo is now protected under law and nobody can copy it,” Assistant Registrar of Trade Marks and GI, GL Verma told PTI.

Under GI, the right to marketing a product is tied to a definite geographical territory and the manufactured goods should be produced or processed or prepared in that territory.

Popular items that have been granted GI tag world over include Champagne and Tequilla, and the procedure helps in preventing others from surreptitiously exploiting a brand name that has evolved over a period of time.

The GI status provides legal protection and facilitates for action in case of infringement. GIs are covered as an element of Intellectual Property Rights.

Controller-General of Patents, Designs, and Trade Marks, P H Kurian, also confirmed granting of GI status to Tirupati Laddu.

TTD, however, couldn't be reached for comments.

Tirupati Laddoo is the popular name for Sri Vari Laddu that is offered as prasadam (sacred food) to the devotees after they worship Lord Venkateswara.

“The size and flavour are typical characteristics of Tirupati Laddoo. Tirupati Laddoos are not produced anywhere in the world and are very unique in terms of quality, reputation and other characteristics, which go into its making,” TTD had claimed in its application.

Primarily there are two types of laddoos - small and big. A small laddoo weighs about 174 grams, whereas the big ones weigh between 700 and 720 grams.

In the past, GI tag has been awarded to a number of Indian products or goods including Darjeeling Tea, Madhubani Paintings and Goa Feni.

Sun Pharma to file 30 applications for generic drugs in US

New Delhi, Sep 20 : Sun Pharmaceutical Industries,the country's most valued drug maker, aims to file 30applications in the US for manufacturing and marketing of itsgeneric products, company CMD said.

The company would file these applications along with itsUS-based subsidiary Caraco, which is facing trouble due tonon-compliance of current good manufacturing practice of theUS drug regulator.

"This year too, we intend to file 30 ANDAs in the USacross the two companies," Sun Pharma CMD Dilip Shanghvi saidin his speech to the shareholders of the company during theannual general meeting held last week.

We continue to spend for product development and file newproducts from these sites in India and the US, he said.

Between Sun and Caraco, 111 products are pending with the US FDA (Food and Drug Administration).

An abbreviated new drug application (ANDA) is anapplication for a generic drug approval in the US for anexisting licensed medication or approved drug.

The USD 30 billion-plus US generic market, the largestgeneric market in the world, is of great interest to allpharma companies across the world with global aspirations.

Last year, generics accounted for 71 per cent of the USpharma market by prescription.

India and the US, the two largest markets for Sun Pharma,together accounted for 80 per cent of the company's turnoverin the latest financial year.

Stating about the Rs 36,000-crore pharmaceutical market of India, Shanghvi said in here market competition has beenintense and will continue to remain so in foreseeable future.

Companies with global presence continue to either set upoperations or enter into contract manufacturing agreementswith companies in India with the purpose of creating a lowcost sourcing base for their global operations.

"Over and above this, competition from Chinese companiesis on the increase strong effort at enhancing their presencein the regulated markets globally," he said.

According to Shanghvi, the new patent regime, which was introduced in 2005, is likely to have an impact in the yearsto come.

"We expect the pipeline of new drugs available for launchto gradually shrink," he further said.

The recent acceptance of the revised Mashelkar Report,which recommends patenting of incremental changes may be an indicator of things to come. Of course, these are not thecountry's best interests in the long run.

Currently, in India the patenting of incremental changesare not allowed under the law.

"This will open up a floodgate of patent applications forrudimentary changes and may result in patent life beingextended far beyond what it is worth," Shanghvi added.

FII inflows set to cross USD 10 bn-mark this month: analysts

New Delhi, Sep : Foreign investment in the Indianstock markets may cross USD 10 billion-mark by the end of thismonth as a hefty USD 9.8 billion (Rs 47,674 crore) havealready been poured into the bourses by overseas entities sofar this year, analysts feel.

"FII inflows in the Indian equity market would continuein the coming days and it may cross USD 10 billion level bySeptember-end," Anand Rathi Financial Services Director & Headof Research Tarun Sisodia.

Foreign institutional investors (FIIs) are the net buyerof shares worth Rs 47,674 crore so far in this year, accordingto the data available with the market regulator or Securitiesand Exchange Board of India (SEBI).

The infusion of money by overseas investors in shares isa part of their portfolio management in various emergingmarkets and India is part of that strategy, Sisodia, who isbased in Mumbai, said.

So far in this month, foreign investors have infused overRs 7,400 crore (USD 1.5 billion), increasing their total netinvestment, since FIIs were allowed in India, to over Rs 2.78lakh crore (65 billion dollars), as per SEBI data.

"FII investment in the local markets may cross USD 10billion mark by end of this week. As everything is bullish andpicture of Indian stock market is very rosy," Delhi-based SMCGlobal's Vice President Rajesh Jain said.

Significantly, so far in 2009, the Bombay StockExchange's benchmark index Sensex gained over 73 per cent.Nifty, the benchmark index of National Stock Exchange has alsoadvanced fairly so far this year.

In long term, the rise in benchmark index would continue, Sisodia added.

"The Indian market has seen a huge inflow of funds fromoverseas investors and crossing 10 billion dollars level isnot tough in the current month," Ashika Stock Brokers ResearchHead Paras Bothra said.

After pulling out a hefty Rs 52,986 crore (11.9 billiondollars) from the local stock markets last year, FIIs remainednet seller of shares for the first two month of current year.

However, with the sign of revival of economies, the trendturned positive during March and marketmen feel that the yearwill close with huge inflows.

Japan topples US in number of patents issued: UN agency

New Delhi, Sep 18 : Japan granted the maximum number of patents in 2007 and has replaced the United States from number one position, a status it was enjoying for nearly a decade, a UN agency report says.

"The USPTO (United States Patent and Trademark Office), which has issued the highest number of patents since 1998, was overtaken in 2007 by the patent office of Japan," the World Intellectual Property Organisation (WIPO) said in a statement on Friday.

Geneva-based WIPO is a specialised agency of the United Nations for developing a balanced and accessible international system in the field of intellectual property rights.

Further, the patent office of China has replaced the EPO (European Patent Office) as the fourth largest office in terms of issuing grants, WIPO said in its report titled the "World Intellectual Property Indicators 2009."

The report is based on 2007 figures, the last year for which complete worldwide statistics are available, WIPO said.

In 2007, Japan granted 1.64 lakh patents, whereas in USA the number was 1.57 lakh. The total number of granted patent in that year stands at 18.5 lakh.

In terms of patent filing, the report said Patent offices of India, Brazil and Mexico, received a significant number of filings, report stated.

Trends in intellectual property activity shows that demand for IP rights continued to increase prior to the onset of the global economic crisis, it said.

Indian MDH loses to Pakistani MDH in website dispute case

New Delhi, Sep 2 : Leading masala-maker Mahashian DiHatti Ltd, popularly known by its brand name MDH, has lost awebsite address dispute case against a Pakistani firm engagedin a similar business at the World Intellectual PropertyOrganisation.

Mahashian Di Hatti had approached the Geneva-based WIPOArbitration and Mediation Center objecting the ownership of anInternet site 'mdhfoods.com' by Pakistan's MDH Food Company.

The Indian firm contented before the Center that disputeddomain name is identical and confusingly similar to its MDH mark, since it incorporates the mark in its entirety and theaddition of "foods" does not detract from its distinctiveness.

The Pakistani firm has no rights or legitimate interestsin the disputed domain name since the complainant (here Indianfirm), as the prior user and hence the lawful owner of themark, has not licensed or otherwise permitted MDH Food Companyto use it, it further said.

The Indian company successfully established the factthat the site 'mdhfoods.com' is confusingly similar to itsmark, but failed to establish the absence of rights orlegitimate interest in the domain name on the part of therespondent.

In its order dated August 19, WIPO's sole panelist --Alan L Limbury -- "denied" the complaint of Mahashian Di Hatti Ltd.

The disputed domain name was registered on February 21last year. The website offers spices and food products.

In its argument before the WIPO Panel, the Pakistanienterprise denied all the claims of the Indian firm and saidit has been selling masala and food products in Pakistan since1984 under the name MDH, which stands for Muhammad Dawood Hassan Food Company.

MDH Food said "in Pakistan its name MDH is unique,sovereign, autonomous, special, independent and commonlyknown."

The WIPO is a specialised agency of the United Nationsfor developing a balanced and accessible international systemin the field of intellectual property rights. The complaintwas filed with the WIPO Center on June 26, 2009.

The complainant (India's MDH) was founded in 1913 as asmall shop in Sialot, now in Pakistan, selling spices underthe name Mahashian Di Hatti, which in Punjabi means "the shopof the Magnanimous."

After the partition of India, the firm moved to Delhiand has since grown substantially, selling spices andcondiments under the logo MDH around the world, includingunder the domain name 'mdhspices.com'.

But because of trade restrictions between the twocountries, it does not sell into Pakistan.

The enterprise has registered trademark rights in thelogo MDH in many countries and the distinctive feature of thatmark is the letters MDH.