Manufacturers unclear on GI rights of Pochampally ikkat

With Pochampally ikkat getting the necessary clearances for the GI registration, city-based manufacturers are now unclear about what constitutes infringement and whether they would be allowed to continue manufacturing Pochampally products.

GI rights confer legal protection to the authorised users of this product and they can take legal action against infringement.

Says a patent attorney, "In the last few days I have been flooded with queries from my clients in Hyderabad on whether they will be allowed to manufacture Pochampally products or not. They have been manufacturing these products since decades but now with the product getting legal protection, they are worried about their business."

According to the law, every Pochampally producer beyond the territory of Pochampally, will now have to get himself registered as well, to sell products under the Pochampally name.

However, there lies a catch. The permission in this regard, will have to be sought from the authorised users who have got the registration done for the product.

"This may give an undue advantage to people who have got the registration done and if they deny permission to other manufacturers, their business will be affected. So necessary amendments are required in this Act," says another patent attorney.

This apart, the registry does not as yet have the quality inspection mechanism to inspect whether the quality of the goods is maintained even after the GI protection is granted.

Since the auhorised users of the GI will become the sole producers of the GI registered product, there is a need to ensure that they do not take advantage of this protection and make inferior quality products. Besides, there is a fear about the prices of the products going higher as well.

Besides, when an application is filed for GI, an advertisement is placed in the bi-monthly GI journal that is published in Hindi and English.

If there is no opposition in this regard, the GI is granted. However, with the limited circulation of the journal and low awareness of its existence, opposition, if any may be muted. There is talk now of placing the advertisements in a medium that has greater reach.