Geographical Indication (GI) tag
Can a GI Tag Prevent Cultural Misappropriation?
Context: A recent controversy emerged after Italian luxury brand Prada showcased footwear inspired by Kolhapuri chappals, a GI-tagged Indian product, leading to accusations of cultural misappropriation.
What is a Geographical Indication (GI)?
-
A form of intellectual property that identifies products originating from a specific region, linked to that region’s reputation, quality, or characteristics.
-
India has 658 registered GI-tagged goods, including:
-
Chanderi sarees (MP)
-
Madhubani painting (Bihar)
-
Pashmina shawls (J&K)
-
Kancheepuram silk (TN)
-
Darjeeling tea (WB)
-
-
Unlike trademarks, GIs are public property, owned by local producer communities.
-
GI law in India: Geographical Indications of Goods (Registration and Protection) Act, 1999 (effective from 2003).
Infringement and Legal Challenges:
-
GI holders can initiate legal action against:
-
Misuse or false origin claims
-
Unfair competition or passing off
-
-
However, GI rights are territorial, valid only within the country of registration.
-
No international GI right exists by default.
-
Cross-border protection requires local recognition in each country.
Past Examples of Misappropriation:
-
Basmati rice (1997):
-
Ricetec Inc. received a U.S. patent; later revoked after Indian objection.
-
-
Turmeric (1995):
-
Patent on wound healing by University of Mississippi; revoked due to prior Indian knowledge.
-
-
Neem (2000):
-
Patent on antifungal use revoked by European Patent Office after challenge by CSIR.
-
Preventive Measures Suggested:
-
Expand the Traditional Knowledge Digital Library (TKDL).
-
Develop a searchable database for brands to identify and engage with right-holder communities.
-
Encourage collaborative use of traditional knowledge rather than exploitation.