Why in News?

An Italian luxury brand, Prada, recently launched footwear inspired by India’s GI-tagged Kolhapuri chappals, sparking concerns over cultural appropriation and highlighting the limitations of GI protection outside India.

What are Geographical Indications (GI)?

A Geographical Indication identifies goods as originating from a specific region, where the product’s qualities, reputation or characteristics are essentially due to that place.

Key Features of GI

• Protects collective community knowledge
• Cannot be sold, transferred or assigned like a trademark
• Preserves authenticity of traditional crafts and produce
• Helps artisans secure market recognition and premium pricing

Examples of Indian GIs

• Kancheepuram Silk
• Madhubani Paintings
• Basmati Rice
• Darjeeling Tea
• Kolhapuri Chappals

India currently has 658 GI-tagged products across textiles, handicrafts, food items and agricultural goods. 

Legal Framework for GI in India

India provides GI protection through the Geographical Indications of Goods (Registration and Protection) Act, 1999, enforced since 2003.

What the Act Provides

• Registration of GI products
• Protection from unauthorised use
• Penalties for infringement
• Legal right for registered users to file cases

Global Framework and Its Limits

GI protection internationally is guided by the Paris Convention (1883) and the TRIPS Agreement (1995).

Limitations

• GI rights are territorial
• India’s GI protection does not automatically extend to Europe, the U.S. or other countries
• Enforcement abroad requires separate registration or treaty-based recognition

This is why Kolhapuri chappals remain vulnerable to imitation by foreign brands.

India’s Experience with Cultural and Biological Appropriation

India has repeatedly faced misuse of its cultural and traditional knowledge.

Notable Cases

• Basmati Patent (1997): US company Ricetec patented basmati lines; revoked after India’s challenge.
• Turmeric Patent (1995): US patent on turmeric’s healing properties cancelled after India submitted Ayurvedic evidence.
• Neem Patent (2000): European patent on neem-based antifungal revoked after proof of traditional usage.

These cases show the systematic vulnerability of Indian traditional knowledge on the global stage.

Challenges with GI Protection Abroad

Even strong domestic GI laws cannot prevent copying or unacknowledged use overseas.

Major Challenges

• No universal GI registry
• Complex foreign registration requirements
• Lack of awareness among global corporations
• Limited Indian presence in foreign IPR litigation
• Difficulty in monitoring misuse across countries

Strengthening Cultural Safeguards

Possible Pathways

• Negotiating bilateral or regional agreements for mutual GI recognition
• Registering important Indian GIs in major foreign markets
• Including GI protection in India’s Free Trade Agreements
• Creating global awareness campaigns about Indian crafts

Role of TKDL

India’s Traditional Knowledge Digital Library (TKDL) can be expanded to include:

 • folk arts
• crafts
• cultural artefacts
• grassroots expressions

A searchable TKDL database can help foreign brands conduct due diligence and avoid cultural misappropriation.

Conclusion

The Prada–Kolhapuri episode highlights the growing need to protect India’s cultural and artisanal heritage in a globalised market. While GI tags are a strong domestic safeguard, India must strengthen cross-border GI enforcement, expand international cooperation and invest in digital documentation of traditional knowledge. This is essential for ensuring that Indian communities receive recognition, respect and benefits from their cultural innovations.