Prada's new sandals resemble Kolhapuri chappals, sparking accusations of cultural appropriation. Despite the footwear having a GI tag, legal experts state that current intellectual property systems are designed for individual innovators, not collective heritage. This makes it difficult for artisan communities to claim financial compensation, though they can demand credit.
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Picture Courtesy: INDIAN EXPRESS
Kolhapuri chappal makers can't get compensation from Prada for cultural appropriation, despite having a GI tag.
At Milan Fashion Week, Italian luxury brand Prada, featured open-toe, T-strap leather sandals that were similar to the centuries-old Kolhapuri chappal.
Initially, the brand described the footwear as "leather sandals" with no mention of their Indian origins, while reportedly planning to sell them for over ₹1 lakh a pair, many times the price of the authentic, handmade version.
This resulted in backlash in India, with artisans, industry bodies, and politicians accusing Prada of "cultural theft" and unethical business practices. A delegation of Kolhapuri chappal makers met with Maharashtra's Chief Minister to demand action to protect their rights.
In response to the growing criticism, Prada acknowledged that the sandals were "inspired by traditional Indian handcrafted footwear" and stated that the designs were still in an early stage and not yet confirmed for production. The company has expressed willingness to engage in a "meaningful exchange with local Indian artisan communities."
This handcrafted leather sandal, originating from Maharashtra, has gained global recognition for its unique design, durability, and comfort.
The origin of the Kolhapuri chappal dates back to the 12th century. Its creation is attributed to the "Chambhar" community of traditional cobblers.
The industry received significant royal patronage during the reign of Chhatrapati Shahu I of Kolhapur, who helped establish 29 tanning centers to support the artisans.
Art of Craftsmanship
Each pair is made entirely by hand.
Artisans use high-quality, locally sourced buffalo hide, which is tanned using natural, vegetable dyes. This eco-friendly process gives the leather its unique character.
The different parts of the chappal are stitched together using a leather cord, with no nails used in the process. This ensures maximum comfort and flexibility.
In 2019, the Kolhapuri chappal was granted a Geographical Indication (GI) tag. The GI tag is jointly held by artisans from both Maharashtra and Karnataka.
A GI tag is a form of intellectual property that certifies a product as originating from a specific geographical area, possessing qualities, a reputation, or characteristics that are essentially attributable to that origin.
Purpose of a GI Tag => It aims to preserve traditional knowledge, protect cultural heritage, and support the livelihoods of local artisans by linking a product's quality to its place of origin.
Protection Offered => A GI tag grants the registered producers and authorized users the exclusive right to use the geographical name ("Kolhapuri") for that product. It prevents unauthorized use of the name for products that do not originate from the designated region or meet the specified production standards.
Despite the GI tag, the makers of Kolhapuri chappals face significant hurdles in taking legal action against Prada for compensation.
Claiming Credit, Not Compensation => A legal case for GI infringement might not be sustainable for monetary compensation. The primary legal recourse is to demand that Prada credit the origin of the design. A lawsuit would likely be limited to securing this acknowledgement rather than financial damages.
"Name" v/s "Design" Loophole => Prada can argue that it has not violated the GI tag because it did not use the word "Kolhapuri" to market its sandals. The GI protection is primarily for the name and its association with the region, not for the design itself, which is considered to be in the public domain.
Designed for Individuals, Not Communities => Existing intellectual property (IP) systems like patents and copyrights are designed to protect the creations of identifiable individuals or corporations. They are ill-suited to protect traditional crafts that have been developed collectively by a community over generations and are considered part of the public domain.
Strengthening Legal Protections => Some countries are developing specific laws to protect traditional knowledge and cultural expressions. International bodies like the World Intellectual Property Organization (WIPO) are also working on creating an international legal instrument for this purpose.
Community-Led Initiatives => Communities can proactively document and register their traditional crafts at national or local levels to assert their moral and economic rights.
Ethical Labeling and Consumer Awareness => Fair-trade and ethical labeling can help consumers make informed choices and encourage brands to adopt fair compensation practices for artisans.
Dialogue and Collaboration => Open dialogue and collaboration between global brands and artisan communities, ensures that traditional crafts are respected and that the communities who have encouraged them for centuries can benefit from their global recognition.
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PRACTICE QUESTION Q. Match the following GI Tag products with the region of origin:
Select the correct answer using the codes given below: A) 1-c, 2-b, 3-d, 4-a B) 1-b, 2-a, 3-c, 4-d C) 1-a, 2-c, 3-d, 4-b D) 1-c, 2-a, 3-b, 4-d Answer: D Explanation: 1-c Raja Mircha, also known as King Chilli or Bhoot Jolokia, was granted a Geographical Indication (GI) status in 2008. GIs are used to identify products with a specific geographical origin and characteristics. Raja Mircha is a well-known global chili with Scoville Heat Units (SHUs) that originated in Nagaland's Zeliangrong region. It has significant cultural and economic value for the Naga people. 2-a The Dalle Khursani chili pepper, also known as the red cherry pepper chili, was designated as a geographical indication (GI) in 2021 for the Sikkim, Darjeeling, and Kalimpong regions. This chili, known for its distinct flavor and high pungency, is among the world's hottest, with a Scoville Heat Unit (SHU) rating ranging from 100,000 to 350,000. It is primarily grown in Bhutan, Nepal, Sikkim, Darjeeling, and Kalimpong, and is valued for its medicinal qualities. 3-b Adi Kekir ginger grown by the Adi tribe in Arunachal Pradesh's Dibang Valley is well-known for its medicinal properties, which can help with everything from digestive issues to menstrual pain. Its distinct aroma and healing properties have made it a highly desirable commodity in both culinary and medicinal circles. 4-d Kaji Nemu (Assam) received the Geographical Indication (GI) status in 2019. In February 2024, the Assam government designated Kaji Nemu as the state fruit. |
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