THE CONTEXT: At the Milan Spring/Summer 2026 show Italian luxury house Prada presented leather sandals closely resembling India’s Geographical-Indication (GI)-registered Kolhapuri chappals (registered in 2019 for eight districts of Maharashtra and Karnataka). Indian artisans and commentators accused the brand of “cultural misappropriation,” prompting Prada to acknowledge the link and propose collaboration with local producers.
THE BACKGROUND:
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- Kolhapuri Chappals: A 12-th-century craft, now produced by ~30,000 artisans; unit prices in domestic markets average ₹400–1,000, while runway versions touched ₹1 lakh.
- India’s GI Landscape: 658 products registered as on 31 March 2025, including 214 handicrafts and 104 handloom items.
- Legal Roots: Paris Convention (1883) and WTO-TRIPS (1995) led India to enact the Geographical Indications of Goods (Registration and Protection) Act 1999 (in force 2003).
THEORETICAL FRAMEWORK:
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- Geographical Indications protect collective intangible assets that are inextricably tied to location-specific natural factors or traditional know-how. Unlike trademarks (private, perpetual, renewal-based) or patents (individual, time-bound, inventive-step based), GIs are non-assignable public property held by authorised producer groups. TRIPS mandates only a minimum level of GI protection; countries may opt for “sui generis” systems or extend trademark law.
WHAT, WHY AND HOW
| Aspect | Explanation |
|---|---|
| What | A GI is a sign that geographically brands a good whose qualities, reputation or characteristics are essentially attributable to its origin (TRIPS Art. 22). |
| Why | Spurs rural development by enabling price premiums (Darjeeling tea earns 2–3 × FOB price over generic blends), sustains cultural identity, and builds “soft-power” diplomacy. |
| How (India) | Application followed by Examination → Opposition → Registration (valid ten years, renewable). Enforcement rests on civil remedies and, post-Jan Vishwas Act 2024, decriminalised penal provisions to ease compliance. |
CURRENT SCENARIO & DRIVERS:
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- Policy Push: Commerce Ministry target of 10,000 GI registrations by 2030 and a National GI Promotion Committee announced January 2025.
- Digital Catalysts: Government e-Marketplace “Ābhār Collection” (2024) and ODOP-GI stores aggregate authentic crafts for global buyers.
- Consumers: Post-pandemic demand for provenance-verified goods and e-commerce traceability tools (QR, blockchain) drive premiumisation.
INDIAN POLICY ARCHITECTURE
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- Statutory Framework: GI Act 1999 + Rules 2002; proposed Geographical Indications (Amendment) Bill 2023 aims to simplify group registration and cut fees.
- Complementary Schemes: ODOP, TRIFED’s tribal GI clusters, Spices Board GI strategy, and the Traditional Knowledge Digital Library (TKDL)—recently opened to public researchers—to prevent “turmeric-type” biopiracy.
GLOBAL PERSPECTIVE & BEST PRACTICES
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- EU “PDO/PGI” Model: Centralised enforcement allows Champagne and Roquefort producers to seize infringing goods worldwide.
- Lisbon-Geneva Act (2015): Provides a single-window international GI register; India has not yet acceded, losing an opportunity for cost-effective global cover.
- Bilateral Treaties: Ongoing EU–India FTA rounds include a dedicated GI annex to grant mutual recognition of ~400 Indian and European products.
THE ISSUES:
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- Territorial Limitation: GI rights stop at the border; hence Prada, making sandals in Italy, faces no statutory bar unless India holds protection in the EU.
- Fragmented Producer Institutions: Many GI-holding clusters lack legal personality, quality control labs or marketing bandwidth, resulting in low value realisation (only 7 % of GI goods find export markets).
- High International Filing Costs: Registering Darjeeling in 35 jurisdictions cost the Tea Board ~₹9 crore over a decade—unaffordable for small craft collectives.
- Weak Domestic Enforcement: Counterfeit “Kolhapuri-style” sandals flood e-commerce platforms; state IP cells remain understaffed.
- Awareness Deficit: Less than 30 % of authorised users display the national GI logo despite 2019 guidelines.
- Value Chain Gaps: Supply chains lack design innovation, sustainable leather certification, and global retail linkages, dampening competitiveness against luxury reinterpretations.
THE WAY FORWARD:
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- Accede to the Geneva Act: Join WIPO’s Lisbon system to obtain automatic, high-level protection for Indian GIs in 72 contracting parties, cutting per-country filing costs.
- Create a Global GI Enforcement Cell: Locate within DPIIT with real-time AI crawlers and a litigation fund to monitor misuse on runways and e-commerce sites, supporting producer groups in foreign suits.
- Expand TKDL into ‘Craft & Cuisine Digital Library’: Document weaving patterns, leather-tanning recipes and culinary practices in searchable multilingual formats, enabling due-diligence by global brands.
- GI Value-Chain Investment Fund: Provide 30 % capital grants for design studios, common facility centres and eco-certification; leverage CSR under Companies Act Schedule VII to crowd-in resources.
- Embed GI Chapters in FTAs: Prioritise EU, UK and ASEAN pacts to secure mutual recognition clauses and fast-track dispute resolution for infringements abroad.
- Strengthen Producer Organisations: Facilitate registration of “GI Producer Companies,” extend cheaper credit via Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) and IP-linked insurance.
- State-Level GI Enforcement Courts: Operationalise dedicated commercial benches under the Commercial Courts Act 2015 to dispose GI infringement cases within six months.
THE CONCLUSION:
Geographical Indications, if leveraged beyond mere registration counts, can evolve into living instruments of economic justice and cultural diplomacy. The Prada–Kolhapuri incident is a cautionary tale that territorial rights alone are insufficient in a borderless luxury market. A calibrated mix of international treaty engagement, digital traceability and empowered producer collectives can transform India’s GI portfolio from vulnerable heritage to globally respected, premium brands.
UPSC PAST YEAR QUESTION:
Q. India’s Traditional Knowledge Digital Library (TKDL) which has a database containing formatted information on more than 2 million medicinal formulations is proving a powerful weapon in the country’s fight against erroneous patents. Discuss the pros and cons making this database publicly available under open-source licensing 2015
MAINS PRACTICE QUESTION:
Q. Territorial limitation undermines the efficacy of Geographical Indications as a tool against cultural misappropriation. Analyse. Suggest comprehensive policy measures for India to safeguard its GI heritage abroad.
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