Can a G.I. tag prevent cultural misappropriation?

On June 25, 2025, Italian luxury brand Prada unveiled a line of footwear inspired by Kolhapuri chappals — a traditional Indian Geographical Indication (GI)-tagged product — at its Milan fashion show. This has sparked fresh debate over cultural misappropriation, the scope of GI protection, and India’s preparedness to defend its cultural assets globally.

What is a Geographical Indication (GI)?

• A Geographical Indication (GI) is a form of intellectual property that denotes products originating from a specific geographical region, where the quality, reputation, or characteristics of the product are essentially linked to its place of origin.

• India has 658 registered GI-tagged products (as of 2024), such as:

• Darjeeling Tea, Madhubani Paintings, Pashmina Shawls, Kancheepuram Silk, Kolhapuri Chappals, etc.

• Unlike trademarks (privately owned), GIs are community-owned, cannot be transferred or licensed, and are meant to preserve cultural identity.

Legal Protection Framework:

• Global Level:

• Rooted in the Paris Convention (1883) and TRIPS Agreement (1995).

• No universal GI protection exists — protection is territorial and must be individually secured in each country.

• India’s Law:

• Geographical Indications of Goods (Registration and Protection) Act, 1999, in force since 2003.

• Empowers local producers or registered associations to initiate infringement action, prohibit misuse, and seek damages.

Cultural Misappropriation vs. Cultural Appreciation:

• Misappropriation refers to the unauthorised use of cultural expressions without credit, benefit sharing, or understanding of context — often for profit.

• Prada's usage of Kolhapuri design may lack consent or collaboration with artisan communities, triggering ethical concerns.

• This reflects a broader pattern seen in previous instances involving:

• Basmati rice (1997 – Ricetec patent case)

• Turmeric’s healing properties (1995 – University of Mississippi)

• Neem antifungal patent (2000 – W.R. Grace case)

Challenges in Preventing Cultural Misappropriation:

1. Territorial Limitation of GI Rights:

• GI protection is valid only within registered jurisdictions.

• Prada’s product, marketed outside India, does not necessarily violate Indian law, unless protected in Italy/EU.

2. Lack of International Coordination:

• No global GI registry under WTO.

• Bilateral agreements and regional systems (e.g., Lisbon Agreement) offer partial remedies.

3. Enforcement Burden:

• Legal action in foreign jurisdictions is expensive and time-consuming.

• Small producer groups lack legal and financial capacity.

4. Traditional Knowledge Exclusion:

• Many grassroots expressions are undocumented and hence vulnerable to misappropriation.

Way Forward:

1. Expand the Traditional Knowledge Digital Library (TKDL):

• Include artisanal crafts, textiles, and cultural expressions along with Ayurveda and folk medicine.

• Create a searchable global platform for brands to verify and seek community collaboration.

2. International Recognition:

• Push for mutual recognition of GIs through bilateral trade agreements.

• Leverage WIPO and WTO forums for an international GI registry.

3. Promote Ethical Collaborations:

• Encourage brands to engage in fair-trade models, profit-sharing, and co-branding with traditional artisan groups.

4. Strengthen Domestic Enforcement:

• Facilitate legal aid for GI holder communities.

• Enable collective licensing mechanisms through producer cooperatives.

Conclusion:

While GI tags serve as powerful tools for protecting India’s cultural and economic interests, they remain legally inadequate to counter global cultural misappropriation without multilateral cooperation and robust documentation of traditional knowledge. India must move beyond symbolic registration and adopt a strategic, legal, and diplomatic approach to ensure that its cultural heritage is respected, protected, and fairly compensated in the global marketplace.

UPSC MainsPractice Question

Ques:Discuss the economic and cultural significance of GI-tagged goods for rural artisans and indigenous communities in India.What steps are needed to enhance their protection and value in global markets?(250 words)