Context:
Recently, a controversy has erupted over the sandals showcased in the new collection of Italy’s luxury fashion brand Prada. Kolhapuri chappal manufacturers in India have alleged that this design is a copy of Kolhapuri chappals, a traditional product granted a Geographical Indication (GI) tag by the Government of India. This controversy is not only an infringement of intellectual property rights (IPR) but also a serious issue concerning India’s cultural identity and the rights of its artisans.
Cultural and Economic Significance of Kolhapuri Chappals:
- Kolhapuri chappals are a symbol of Maharashtra’s centuries-old craftsmanship. Made from pure leather, these chappals are not only a mark of local identity but also a source of livelihood for thousands of artisans. They were granted GI tag in 2019, which means this specific design and manufacturing technique is linked to Kolhapur and nearby areas and enjoys legal protection.
- The sandal design presented by Prada is considered an exact replica of Kolhapuri chappals, but there is no mention of the Indian source or inspiration. Its price is nearly ₹1 lakh, while the same design is produced by thousands of artisans in India at a fraction of that cost.
Geographical Indication (GI) Tag:
A Geographical Indication (GI) tag is a type of intellectual property right that connects a product to its specific geographical region. It means the quality, reputation, or unique characteristics of the product depend on its geographical origin. Examples: Kolhapuri chappal, Darjeeling tea, Banarasi saree, etc.
Significance of GI:
• Provides recognition and market benefit to local artisans and farmers.
• Protects the reputation of the product from fake or inferior versions.
• Preserves regional livelihoods, tradition, and cultural heritage.
• Enhances competitiveness in the global market.
Legal and Ethical Aspects:
Copying a GI-tagged product is considered a legal violation under the Geographical Indications (Registration and Protection) Act, 1999:
- Criminal action: Selling or producing fake products can lead to up to 6 months of jail and a fine (₹50,000 or more).
- Civil action: A court injunction can stop the sale of fake products and damages can be claimed.
- Customs measures: Import-export of counterfeit products can be banned.
- Protection of brand reputation: Legal action protects product identity and the livelihood of local artisans.
- TRIPS Agreement (under WTO): Member countries are required to protect GIs. India can file a complaint in the WTO.
- WIPO (World Intellectual Property Organization): GI can be internationally registered and protected through WIPO (under the Lisbon Agreement).
- Diplomatic steps: India can negotiate bilateral agreements with other countries to prevent imitation of GI products.
- Litigation in foreign courts: GI holders can also take legal action against sellers of fake products in foreign markets.
From an ethical perspective, it is clear that global brands, while drawing inspiration from traditional designs, should acknowledge their origin, credit local artisans, and consider revenue sharing.
Conclusion:
The Prada and Kolhapuri chappal controversy is not limited to a design dispute but has become an issue of protecting India’s cultural and intellectual property globally. If this matter is not addressed effectively in time, other GI-tagged products such as Banarasi sarees, glass bangles, and Madhubani paintings may also face similar threats. This is the time for India not just to protect GI tags legally, but also to create moral and diplomatic pressure globally for the protection of cultural heritage. This is not merely design theft but a form of "cultural theft" when a global brand markets a traditional craft for profit without crediting the local artisans.
