Latest news with #GeographicalIndicationsofGoods(RegistrationandProtection)Act
India Today
04-07-2025
- Business
- India Today
India tags it, West sells it. Can Prada's Kolhapuri row lead to real reform?
It took centuries of craft, leather softened by hand, and generations of Kolhapuri artisans to perfect the humble toe-ring chappal. It took Prada just one fashion show in Milan to turn it into a Rs 1.2 lakh runway item, minus the name, the credit, and the community behind the brand was called out on social media for not crediting the artisans actually behind the Kolhapuri chappa, Prada said that the toe-ring sandals were an inspiration. advertisementLorenzo Bertelli, Prada's CSR head, admitted the design was 'inspired by traditional Indian handcrafted footwear, with a centuriesold heritage,' stating they were still in the design phase and that collaboration with local artisans was possible The luxury brand's new 'toe-ring sandal' has ignited not just cultural outrage but also legal action in India, with a Public Interest Litigation filed in the Bombay High court has not taken it up yet, but it asks a simple but urgent question: can India really protect its traditional designs from being recast, renamed, and resold by global giants?GI PROTECTION STOPS AT THE BORDERIndia's most prominent tool to protect traditional goods is the Geographical Indications of Goods (Registration and Protection) Act, 1999, which legally recognises unique regional products like Kolhapuri chappals, Banarasi sarees, or Darjeeling tea. However, its effectiveness ends at India's borders.'GI tags protect product names within India but offer little help internationally unless those GIs are registered in the target country,' says Sonal Madan, Partner at Chadha & Chadha IP Law Firm. She adds that this allows foreign brands to reproduce the design or aesthetic without legal consequence, as long as they avoid using the GI-tagged gap is central to the Prada row. The brand never marketed its product as 'Kolhapuri,' which weakens any infringement claim under Indian GI Sahni, Partner at Ajay Sahni & Associates, points out that 'if there is no use of the name of a GI-protected product, there is no infringement of a registered GI.' This is why Prada's statement merely acknowledging 'inspiration from Indian artisans' may deflect legal liability, even if public sentiment remains SHIELD OR PAPER TIGER?While India has registered over 400 GIs, experts argue that the system lacks teeth in practice. 'Many of these GIs are what we call 'vanity GIs'—they exist on paper but lack post-registration infrastructure,' says Swati Sharma, IP head at Cyril Amarchand strong enforcement, quality checks, or global registrations, GI protection becomes symbolic rather than PIL filed in the Bombay High Court stresses that Kolhapuri chappals are not just products but 'cultural symbols of Maharashtra,' with deep economic and emotional links to artisan communities. The petitioners demand that authorities ensure compensation and safeguard the community's rights. However, legal experts warn that without parallel protection in foreign markets, these demands could remain unenforceable COPYRIGHT OR DESIGN LAW FALL SHORTCould copyright or design law offer an alternative path? Not really. Both rely on originality and authorship—criteria poorly suited to community-owned, centuries-old crafts. 'India's existing IP framework offers limited recourse for protecting traditional designs like Kolhapuri chappals under conventional copyright or design law,' says Ankit Sahni. 'They're geared toward individual novelty, not collective heritage.'This creates what experts describe as a legal vacuum: artisan communities often lack ownership documentation, the resources to litigate globally, and the awareness of how to register their work abroad. Even when inspired designs clearly mirror traditional aesthetics, the absence of formal IP registration overseas means there's little legal NOT APPROPRIATIONDespite the legal hurdles, experts stress that the goal isn't to build walls around Indian crafts but to build bridges, from appropriation to ethical collaboration.'When a global brand uses a traditional design without credit or compensation, it devalues the original craft and severs it from its cultural context,' says Swati Sharma.'But if the same brand works with artisans, compensates them, and acknowledges the source, it becomes a mutually beneficial relationship.'This reframing, from protectionism to ethical trade, could open doors for sustainable livelihoods and global recognition. However, for such collaborations to happen, artisans need legal certainty and market infrastructure. Standardised contracts, craft registries, and licencing platforms could all help formalise such GLOBAL TREATY YETOne of the starkest takeaways from this controversy is the lack of a global treaty to protect indigenous designs. 'There's currently no binding international treaty specifically protecting traditional crafts from exploitation,' says Sonal Madan. While WIPO is negotiating frameworks for safeguarding traditional cultural expressions, progress has been TRIPS Agreement provides some GI protection, but it lacks enforceability across jurisdictions, and regional treaties like the Lisbon Agreement only apply to a limited number of countries. Without a global mechanism, enforcement becomes patchy and expensive.'Legal action abroad is theoretically possible, but rarely practical,' Sahni adds. 'Unless the design is registered through copyright, trademark, or GI in that jurisdiction, claims often get dismissed. And few artisan groups can afford cross-border litigation.'A CASE FOR POLICY ACTIONThe PIL in Bombay High Court may not lead to immediate penalties for Prada, but it could serve as a much-needed catalyst for policy reform. Experts argue that the Indian government must take the lead in registering major GIs abroad, particularly in fashion-heavy markets like the EU and the US. Bilateral agreements and trade deals could also include cultural safeguards.'Strategic collaborations with local NGOs, fashion watchdogs, or even diplomatic channels may yield more tangible results than litigation,' Sahni raising consumer awareness, both in India and globally, can create a market for ethically sourced, fairly credited artisan goods. Public pressure, more than court orders, has often driven global brands to retract or apologise in past Prada-Kolhapuri controversy is not an isolated event, it's part of a larger pattern of cultural designs being lifted and commodified by global fashion houses. But it has also spotlighted the gaps in India's protection frameworks and triggered a conversation about what meaningful protection should look Swati Sharma puts it, 'The challenge for India is to build a legal and commercial ecosystem that discourages exploitation and rewards ethical collaboration. Until that happens, traditional artisans will remain vulnerable, even when their work travels the world.'- Ends
India Gazette
04-07-2025
- Entertainment
- India Gazette
PIL filed against fashion brand Prada for allegedly using Kolhapuri Chappals design in latest summer collection
Mumbai (Maharashtra) [India], July 4 (ANI): A public interest litigation (PIL) has been filed in the Bombay High Court demanding that the Italian fashion house Prada pay compensation to the Kolhapuri chappal artisans for allegedly copying their design in their latest unveiled summer collection. Kolhapuri Chappal is already protected as a Geographical Indication (GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999. As per the PIL, Italy-based fashion house Parda has recently released its Spring/Summer collection showcasing their 'Toe ring sandals' that are deceptively similar, stylistically and culturally derived from a GI-registered 'Kolhapuri Chappal' that are reportedly priced at over Rs 1 lakh per pair which is now rebranded under the European fashion label. Intellectual Property Rights advocate Ganesh S Hingemire filed the PIL on July 2, 2025. 'The matter concerns the misrepresentation, cultural misappropriation, unauthorised commercialisation 'KOLHAPURI CHAPPAL' during an international fashion event held at a Spring/Summer Men's Collection 2026 at Milan, Italy on 22nd June, 2025, where its genuine origin, traditional custodianship and Geographical Indication (GI) status were entirely overlooked. This Public Interest Litigation seeks directions and appropriate reliefs, including an injunction and damages/compensation for the unauthorised commercialisation of a GI-tagged product, which has caused significant harm to the community traditionally associated with it, particularly in Maharashtra State,' read the PIL. Following a massive backlash for plagiarising Indian artisans' work, Prada shared a statement accepting that its latest summer wear collection was 'inspired by Indian artisans'. However, the petitioners claim that the fashion brand (Prada) has not issued any 'formal apology' along with any 'damages', 'compensation' and 'entitled remedy' to the Maharashtrian artisans. 'The Kolhapuri Chappal is the cultural symbol of Maharashtra and having special public sentiments attached with it. The brand has privately accepted that its collection is 'inspired by Indian artisans,' however, this acknowledgement surfaced only after facing widespread backlash on various social media platforms. This acknowledgement was given to the private entity and not to the applicant, makers of Kolhapuri Chappal, GI Registry, Government or the public at large. The brand has not yet issued any formal apology along with any damages, compensation and entitled remedy and the statement appears to be merely a superficial attempt to deflect criticism, ' read the PIL. The petition also seeks a direction to the government for protection of the Indian traditional designs and to prevent international companies from infringing on geographical indication products. 'The PIL aims to protect the rights of the affected communities and the public of India from such impugned activities by the international brand/entities. The respective Govt department should be directed to comply with the enforcement of the GI and establish strong policies /mechanisms pertaining to the protection of GI rights,' read the PIL. It further read, 'The Petitioners states that, the present PIL seeks a direction to the government entities and authorities for protecting the rights of producers/ maker of Kolhapuri Chappal and appropriate reliefs to safeguard the cultural heritage, economic interests, and intellectual property rights of indigenous artisan.' The petitioners have also demanded a public apology from Prada. The hearing of this case can be held in the Bombay High Court. (ANI)
Time of India
27-06-2025
- Business
- Time of India
'The Prada paradox': Maharashtra artisans meet CM Fadnavis over 'Kolhapuri chappals' at fashion show; raise GI violation issue
Prada-Kolhapuri chappals NEW DELHI: When a global luxury house like Prada walked the Milan runway with what looked unmistakably like Kolhapuri chappals, priced at over Rs 2 lakh, it ought not to have sat well with the artisans who had handcrafted the original for generations. Artisans from Maharashtra have raised alarm over what they see as a clear violation of their geographical indication (GI) rights, after Prada featured chappal-style footwear in its Spring/Summer 2026 menswear collection without any nod to Kolhapur or its traditional craftsmen. The GI rights protect products that have a specific origin and possess qualities or a reputation linked to that location. In India, GI tags are granted under the Geographical Indications of Goods (Registration and Protection) Act, 1999. Bharatiya Janata Party (BJP) Rajya Sabha MP Dhananjay Mahadik, who hails from Kolhapur, met chief minister Devendra Fadnavis on Thursday, leading a delegation of artisans. The group submitted a letter urging the state to act against what they called a cultural and commercial appropriation. Speaking to news agency PTI, Mahadik said the sandals showcased by Prada are unmistakably Kolhapuri in design, and are being sold at a staggering Rs 1.7 lakh to Rs 2.10 lakh per pair. "We want Prada to give the Kolhapuri identity to their product, and local artisans should get the revenue. If Prada gives us orders, we can manufacture for them. The Kolhapuri brand will reach globally," the BJP leader said. He added that such a collaboration would give artisans both recognition and sustainable income. Mahadik said a public interest litigation (PIL) would be filed in the high court, and he's seeking a meeting with Union Minister of Commerce and Industry Piyush Goyal to escalate the matter at the national level. In his letter to the chief minister, Mahadik noted that the Kolhapuri chappal received a GI tag from the Government of India in 2019 and that Prada's Milan presentation on June 23 lacked any reference to the source community. "This kind of commercial appropriation not only violates GI regulations but also threatens the livelihood and dignity of thousands of families involved in this traditional trade," he wrote. Kolhapuri chappals, open-toe leather sandals with braided designs, date back to the 12th century and are traditionally handcrafted in Kolhapur and nearby districts like Sangli, Satara, and Solapur. Mahadik has requested the state to raise the issue with the Centre for immediate intervention. He also called for the formation of a protective framework for GI-tagged products at the state level and urged that artisans be given legal and financial assistance in cases of international misuse. He claimed that following the backlash, Prada has taken down photos of the sandals from its official website.
New Indian Express
07-06-2025
- Business
- New Indian Express
TTD issues legal notice to vendors for Tirupati Laddu GI tag misuse
VIJAYAWADA: In a decisive move to safeguard the sanctity and intellectual property of the sacred Tirupati Laddu, the Tirumala Tirupati Devasthanams (TTD) has initiated legal action against multiple unauthorised entities found selling or promoting products under the 'Tirupati Laddu' name in violation of its registered Geographical Indication (GI). Legal notices were issued through Sahadeva Law Chambers to several online platforms and vendors, including PushMyCart (Mahita LLC) and Transact Foods Limited, for unauthorised commercial exploitation of the Tirupati Laddu name, and falsely associating their offerings with the temple. Tirupati Laddu is a protected GI under the Geographical Indications of Goods (Registration and Protection) Act, 1999. The laddu is exclusively prepared within the Tirumala temple under the supervision of TTD, following a time-honoured and sanctified process. Unauthorised use and sale of the name not only infringe legal rights but also undermine the spiritual sanctity of the offering. In response, PushMyCart acknowledged receipt of the legal notice, and showing goodwill, suspended the infringing product listings pending legal review. Several other vendors have also taken down their listings following the TTD's proactive outreach. TTD Executive Officer J Syamala Rao said, 'The Tirupati Laddu is not just a product, but a sacred prasadam with deep spiritual and cultural value. We are committed to taking all necessary legal steps to prevent its misuse, and protect the trust of crores of devotees worldwide.' The TTD continues to monitor and act against any such violations to preserve the authenticity and sanctity of Tirupati Laddu.
Hans India
07-06-2025
- Business
- Hans India
TTD takes legal action to protect Tirupati laddu's GI status
Tirupati: To protect the sanctity and intellectual property of the sacred Tirupati Laddu, Tirumala Tirupati Devasthanams (TTD) has initiated legal proceedings against several unauthorised sellers and promoters found misusing the 'Tirupati Laddu' name. These actions come in response to violations of the laddu's registered Geographical Indication (GI) status. Legal notices, issued through Sahadeva Law Chambers, were sent to multiple online platforms and vendors, including PushMyCart (Mahita LLC) and Transact Foods Limited. These entities were accused of commercially exploiting the Tirupati Laddu name and falsely associating their products with the temple. The notices underscored that the Tirupati Laddu is a GI-protected item under the Geographical Indications of Goods (Registration and Protection) Act, 1999. Its preparation is carried out solely within the premises of the Tirumala temple, strictly under the supervision of the TTD and in adherence to a long-standing, sacred tradition. TTD argued that unauthorised use of the name not only infringes on its legal rights but also diminishes the spiritual sanctity of the offering. Following the issuance of the notices, PushMyCart acknowledged receipt and, in a gesture of goodwill, removed the infringing product listings while awaiting legal review. Several other vendors have similarly taken down their listings after TTD's firm intervention. Commenting on the development, the Executive Officer of TTD J Syamala Rao stated that the Tirupati Laddu is not merely a product but a holy prasadam carrying deep spiritual and cultural importance. He affirmed TTD's commitment to pursuing all necessary legal measures to prevent misuse and to uphold the trust of millions of devotees around the world. This legal action represents one of the first instances in India where a GI-protected temple offering has been defended through formal legal channels on international platforms. TTD continues to actively monitor for such violations and is resolute in preserving the authenticity and sanctity of its temple traditions.
