|
WIPO Arbitration Centre rejects Dr Reddy's claim for domain name 2DG.com for its Covid-19 drug
|
|
Gireesh Babu, New Delhi
August 25 , 2021
|
|
|
The Hyderabad-based pharma major Dr Reddy’s Laboratories’ efforts to own the domain name 2DG.com for its oral antiviral and anti-inflammatory drug 2-DG, which is also developed as an adjunct therapy for Covid-19, has hit a roadblock with the Alternative Dispute Resolution centre of World Intellectual Property Organisation (WIPO) rejecting its complaint against Israel-based Domain Internet Ltd.
Discovered by the Institute of Nuclear Medicine and Allied Sciences (INMAS) under the Defence Research and Development Organisation (DRDO) in collaboration with Dr Reddy’s Lab, 2DG (2-deoxy-D-Glucose) has been shown to potentially inhibit SARS-CoV-2 replication in an in vitro study. It has been granted Emergency Use Authorisation by the drug regulator, as an adjunct therapy to standard-of-care treatment of hospitalised patients with moderate to severe Covid-19.
Dr Reddy’s filed a complaint with the WIPO Arbitration and Mediation Centre on June 7, 2021, and amended it later following a response from the Centre. The amended complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (UDRP), the rules for UDRp and the WIPO Supplemental Rules for UDRP and the Centre notified the Israel-based company and the proceedings commenced on June 22.
The Indian firm claimed rights over the trademark 2DG and submitted that it owns numerous applications or registrations for variations of its 2DG trademark. It has filed with the Indian Trade Marks Registry for the word mark 2 DG in connection with “pharmaceutical and medicinal preparations”, on May 16, 2021. The sole panellist, Robert A Badgely observed that the mark has not yet been registered, its status being ‘objected’. The application form annexed to the complaint had no information about when the company first used the 2DG mark in commerce.
The company also filed a trade mark application for the word mark 2DG in connection with ‘pharmaceutical and medicinal preparations’, on June 3, 2021, and the mark has not yet been registered, its status also being ‘objected’, it said. Dr Reddy’s also submitted details of a mark 2DEGE registered with the Government of India Trade Marks Registry, effective February 3, 2015.
“Although Complainant refers to its ‘famous suite of goods/services,’ there is absolutely no evidence in the record of the degree of the renown of the marks 2 DG, 2DG, or 2DEGE,” said the panel.
The domain name 2DG.com was registered on March 5, 2002, while it does not resolve to an active website. A third party, purporting to speak for Domain Internet, responded to the Centre that it has been using the domain for years, though some time ago it received offers from a lot of parties in purchasing the domain. It claimed that it owns more than 100 three-character domain names.
“The Domain Name (by Domain Internet) was registered on March 5, 2002, nearly 20 years ago. There is no evidence in this record that Complainant (Dr Reddy’s Lab) ever used the marks 2 DG, or 2DG or 2DEGE at any time prior to February 3, 2015, the date on which the mark 2DEGE was registered,” said Badgley. The domain name has a second-level domain (SLD) comprised of three characters - a number and two letters. Domain names containing only three letters in the SLD are generally regarded as desirable for a variety of reasons, including their brevity and attendant convenience.
“In any event, in the circumstances of this case and upon review of the lean record provided here, Complainant has not come close to meeting its burden of proving, on a balance of probabilities, that Respondent (Domain Internet Ltd) was targeting Complainant and its trademark at the time the Domain Name was registered. The Complaint fails,” concluded the order dated August 16, 2021, denying the complaint.
The medicine has been approved by the Drugs Controller General (India) in May, this year, and has been used as and just therapy, supporting the primary therapy, in hospital. The medicine is available in sachets containing 2.34 g power for oral use and is sold at Rs 990 per sachet. A subsidised rate has been offered to government institutions. According to reports, DRDO has also issued licenses to companies including Laurus Labs and Bajaj Healthcare to produce the drug.
|
|
|
|
|
|
|
|
TOPICS
|
That foods might provide therapeutic benefits is clearly not a new concept. ...
|
|
|
|
|