Govt.
may sue Goa Gutkha owner
Sandesh Prabhudesai
18 February 2003
Following
total ban on gutkha and pan masala products, Goa government
is now studying the legalities of objecting to Goa's name
being used for promoting gutkha.
According to chief minister Manohar Parrikar, the trade mark
of 'Goa 1000 Gutkha' is owned by Global Technology and Trade
Marks Ltd (BVI) in Singapore. It is however only manufactured
in Gulbarga in Karnataka.
The state government has not yet made out any cognisable
offence against the company. According to Parrikar, the Trade
Marks Act 1999 provides that no court can take cognisance
of an offence under sections 107, 108 and 109, unless the
Registrar himself files a complaint in this regard.
"They are misusing Goa's name to sell harmful product
to the society and this must be stopped", states Parrikar.
He has thus instructed the law department to study the matter,
so that the company is stopped from misusing Goa's name.
Meanwhile, Goans residing in the national capital are also
examining the possibility of filing a petition in the court,
prohibiting the company from misusing Goa's name to sell gutkha.
Since 26 January, the state government here has totally banned
manufacture, distribution and sale of gutkha and pan masala,
with or without tobacco, and in whatever name called.
Though pouches hanging in the shops have disappeared from
the display, gutkha is still being sold illegally in the state
as the state has not prepared the concerned agency with enough
manpower to monitor the illegal sale.
"I do not deny that sale in black will continue, but
overall sale will reduce to mere 25 per cent", claims
Dr Shekhar Salkar, general secretary of the National Organisation
for Tobacco Eradication.
Describing the issuing of notification by the Directorate
of Food and Drugs Administration as a big achievement, he
feels that India can save five lakh lives annually if such
kind of ban is imposed countrywide.
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