GI Tag Protecting Indias Traditional Heritage

GI Tag Protecting Indias Traditional Heritage

• Traditional Handicraft: A handcrafted leather sandal originating in Kolhapur (Maharashtra) and nearby districts in Karnataka (Belgaum, Bagalkot, Dharwad)
• Design: Notable for its open-toe, robust T-strap structure, braided leather, and use of vegetable-tanned buffalo-hide, stitched without nail
• Heritage: Originates back to the 12th–13th century, gaining prominence under the patronage of Kolhapur’s royalty like Shahu Maharaj
• Local Economy: A key rural livelihood, treasured for durability (can last years), eco-friendly materials, and artisan craftsmanship

GI Tag:

The Geographical Indication (GI) tag is a form of Intellectual Property Right (IPR) given to products that have a specific geographical origin and possess qualities, reputation, or characteristics essentially due to that origin. It is especially relevant for agricultural, handicraft, industrial, and food products that are deeply rooted in tradition and regional culture.

As per WTO’s TRIPS Agreement)

"A Geographical Indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin."

Significance & Coverage

• Registration: Awarded Geographical Indication (GI) status in July 2019, covering four districts each in Maharashtra and Karnataka
• Legal Purpose:
  • Protects the name and identity, ensuring only authorized artisans in specified regions may use “Kolhapuri”.
  • GI status is public property, non-transferable, renewable every 10 years
• Limitations:
  • GI rights are territorial—limited primarily to India, with limited global enforcement
  • Focus on name protection, not the design itself—so preserving form/pattern elsewhere is legally weak

Recent Controversy: Prada’s Milan Showcase

• Incident: Prada unveiled sandals at Milan Fashion Week labeled only as “leather sandals”, but closely mimicking Kolhapuri design and priced at around ₹1.2–2 lakh
• Prada’s Response:
  • Initially silent, later admitted inspiration from Indian craftsmanship and expressed interest in meaningful engagement with local artisans
• Legal Evaluation:
  • IP experts say GI infringement claims are weak, as Prada didn’t use the name “Kolhapuri”; “passing off” could be explored, but success unclear

Cultural Heritage & IP Laws

• GI frameworks aim to preserve traditional knowledge but have limits—in global contexts and design protection .

Socio-Economic Impact

• Boosts artisan livelihoods and rural empowerment—yet market access and design branding are essential to actual economic benefits
• Karnataka Minister Priyank Kharge emphasised GI is insufficient alone—needs skill-building and global market integration

Globalisation vs Cultural Appropriation

• Debate echoes in earlier cases like Turmeric patent, Neem, and Basmati—legal provisions exist, but enforcement weak
• Highlights need for stronger international IP cooperation and ethical design norms.

GI vs. Trademark vs. Patent (Quick Comparison)