Why in News : Italian luxury brand Prada unveiled footwear inspired by India’s GI-tagged Kolhapuri chappals at its Milan show, sparking backlash over cultural misappropriation.
What is a Geographical Indication (GI)?
- A form of intellectual property that identifies a good as originating from a specific location, where its quality, reputation, or characteristics are linked to that geographical origin.
Examples: Chanderi Sarees (MP), Pashmina Shawls (J&K), Darjeeling Tea (WB)
- India currently has 658 GI-tagged goods.
Legal Framework
- Geographical Indications of Goods (Registration and Protection) Act, 1999
- Enforced in 2003 following India’s TRIPS obligations.
- Provides for registration, protection, prohibition of misuse, and penalties
- International Instruments:
- Paris Convention (1883)
- TRIPS Agreement (1995)
Are GI Rights International?
- No universal GI protection exists.
- GI rights are territorial — valid only within the country of registration.
- Cross-border protection requires:
- First registering in the country of origin
- Then applying in other jurisdictions individually.
Benefits of GI Protection
- Empowers local producers and artisans.
- Promotes rural development and exports.
- Preserves cultural identity and indigenous knowledge systems.
- Builds consumer confidence via authenticity and traceability.
Limitations in Preventing Cultural Misappropriation
GI law does not prevent “inspiration” or adaptation by foreign entities unless:
- There’s unauthorised commercial use
- There’s misrepresentation of origin
- Misuse abroad can only be challenged if GI is registered there or if international mechanisms exist
Past Examples of Misappropriation
| Case | Nature of Misuse | Outcome |
| Basmati rice (1997) | Ricetec Inc. patent in the US | Revoked after India’s legal challenge |
| Turmeric (1995) | US patent on wound-healing property | Revoked after CSIR challenge |
| Neem (2000) | Patent on antifungal formulations | Revoked by European Patent Office |
Way Forward
Expand Traditional Knowledge Digital Library (TKDL):
- Include grassroots cultural expressions
- Enable brands to conduct due diligence and avoid misappropriation
Push for Multilateral GI Treaty:
- Advocate for a WTO framework ensuring global GI recognition
Bilateral Trade Agreements:
- Include GI protections and mutual recognition clauses
Promote Collaborations:
- Brands must be encouraged to collaborate with local artisan groups
Awareness & Digital Mapping:
- Make GI-protected items searchable and visible on global platforms
| UPSC Relevance GS1 (Culture): Traditional crafts, preservation of cultural heritage GS3 (IPR): Geographical Indications, TRIPS compliance GS2 (Governance): Role of institutions in protecting indigenous knowledge Mains Question Practice Q. Can Geographical Indications serve as an effective tool to safeguard traditional knowledge and prevent cultural misappropriation? Critically examine.(150 words, GS3 – IPR) |