Geographical Indications (GIs) and Cultural Misappropriation

Introduction to Kolhapuri Chappals

Italian luxury brand Prada's recent collection showcased footwear inspired by India's GI-tagged Kolhapuri chappals, leading to allegations of cultural misappropriation.

Understanding Geographical Indications (GIs)

A GI is a form of intellectual property that identifies goods as originating from a specific location, imparting distinctive qualities linked to that origin.

• India has 658 registered GI-tagged goods, like Chanderi sarees and Darjeeling tea.
• GIs boost rural development, exports, consumer confidence, and preserve cultural knowledge.
• Unlike trademarks owned by enterprises, GIs are public property for producers and cannot be transferred.

Legal Framework and Protection

GIs are protected by international agreements such as the Paris Convention and the TRIPS Agreement. India enacted the Geographical Indications of Goods (Registration and Protection) Act in 1999, effective from 2003.

• The Act provides registration, enforcement, and penalties for GI infringements.
• GI rights are territorial, limited to the granting country or region.
• No global GI right exists, but international protection can be sought through recognition in the origin country and the concerned jurisdiction.

Challenges and Exploitation

Indian traditional products have faced exploitation by global entities, highlighting the need for robust GI protection.

• In 1997, Ricetec Inc. controversially patented "lines and grains" of Basmati rice, later restricted after legal efforts.
• In 1995, a patent on turmeric's wound-healing properties was revoked after contestation by the Council of Scientific and Industrial Research.
• The European Patent Office revoked a patent on neem-based formulations in 2000 due to pre-existing Indian knowledge.

Recommendations for Future Protection

To prevent exploitation, expanding the Traditional Knowledge Digital Library could help. A searchable database would enable brands to identify right holder communities for potential collaboration.