{"id":5877,"date":"2025-11-04T15:08:04","date_gmt":"2025-11-04T09:38:04","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5877"},"modified":"2025-11-04T15:16:40","modified_gmt":"2025-11-04T09:46:40","slug":"kolhapur-to-milan-the-story-of-indigenous-creations-being-swept-under-the-rug-of-recognition","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/11\/04\/kolhapur-to-milan-the-story-of-indigenous-creations-being-swept-under-the-rug-of-recognition\/","title":{"rendered":"Kolhapur to Milan: The Story of Indigenous Creations being swept under the Rug of Recognition."},"content":{"rendered":"
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Author: \u00a0Spandan Mohapatra, a 3rd-year BBA LLB student from Christ University, Bangalore<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Abstract\u00a0<\/b><\/p>\n

The Constitution of India under Article 19(1)(a) provides its citizens the freedom of speech and\u00a0 expression. Articles 301 to 307 also establish the principles of freedom of trade, commerce,\u00a0 and intercourse throughout the country. Arts and crafts are an essential tool of expression which\u00a0 not only display the creativity and imagination of human beings but also represent the culture\u00a0 and heritage of a country at national and international stages. It therefore becomes essential to\u00a0 protect the rights of such craftsmen and give them the rightful recognition and rewards they\u00a0 are entitled to for their original creation. The Author in this paper, through a Doctrinal study of\u00a0 material and evidence breaks down the protective legal provisions under intellectual property\u00a0 laws in the country for traditional handicraft artisans and how it does the job of being a safety\u00a0 net for the brands violating and infringing the laws than a blanket protection for the original\u00a0 stakeholders of the law, those being the craftsmen. The Author further insinuates the necessity\u00a0 of raising awareness in rural India about geographical indications and the rights, duties, and\u00a0 laws attached to them for a safer, well-protected, and more prosperous production system of\u00a0 Indian goods and services.\u00a0<\/span><\/p>\n

Keywords: <\/b>Intellectual Property Rights, Geographical Indication, Community, Originality,\u00a0 Recognition, Indigenous\u00a0<\/span><\/p>\n

Introduction<\/b>\u00a0<\/b><\/p>\n

Indigenous creations have been an integral part of cultures, communities, and religious groups\u00a0 since time immemorial, showcasing a country\u2019s identity on national and international stages.\u00a0 They are a sign not just of the unmatched creativity of human beings across the world but of\u00a0 the freedom of expression of every citizen that they hold near and dear to their heart.\u00a0 Manufacturers and producers of goods globally, time and again use these traditional cultural\u00a0 expressions as their source of inspiration for products and profit generously from them. While\u00a0 doing so, they often fail to acknowledge the origins of the designs and patterns, those being the\u00a0 artisans, craftsmen, and creators of indigenous communities and regional groups in India. What\u00a0 this leads to is an absence of any form of proper recognition or reward given to the same\u00a0 communities. Traditional craftsmanship is the most tangible evidence and manifestation of any\u00a0 community or cultural heritage. It is the delicate hands of a craftsperson creating a piece\u00a0<\/span>designed on the basis of the ideologies and daily life of their community, which when finalized\u00a0 becomes the face of their culture, which defines who they are and what they wish to be\u00a0 identified by. When global brands create products based on these indigenous designs under the\u00a0 reason of using it as a \u201csource of inspiration,\u201d what they reveal is respect for a certain\u00a0 community\u2019s culture, and providing them a position and stature at a level they wouldn\u2019t have\u00a0 imagined. But this recognition that they allegedly wish to provide in certain instances gets\u00a0 hidden behind the name and fame of the brand itself, and makes the design identifiable by that\u00a0 particular brand and not the indigenous creation which was the source for it.\u00a0<\/span><\/p>\n

Case Study: Kolhapuri Chappal at Prada Summer 2026 Menswear Show?\u00a0<\/b><\/p>\n

On the 25<\/span>th <\/span>of June earlier this year, world-renowned fashion giant Prada hosted its Summer\u00a0 2026 Menswear Show from the beautiful city of Milan, Italy.<\/span> Among the various spectacular\u00a0 designs showcased at the event, the spotlight fell on a simple \u201cOpen-Toe Ring Sandal\u201d which\u00a0 was deceptively similar to the traditional Kolhapuri Chappal which finds its origins in the small\u00a0 yet culturally dominant city of Kolhapur in Maharashtra, India. Kolhapuri Chappal represent a\u00a0 centuries-old legacy of Indian craftsmen who The display of the toe-ring sandals garnered\u00a0 attention from all over the world for their distinct features and uniqueness when compared to\u00a0 the various other designs displayed at the Event. Prada showcased this new open toe ring sandal\u00a0 as an original work and creation, born out of the production process of Prada. This gave birth\u00a0 to sizzling conversations about the originality of the Sandals as well as the need for recognition\u00a0 of indigenous artisans and creations by urban brands taking inspiration from their works. The\u00a0 luxury label did not provide any form of formal or informal recognition or appreciation to the\u00a0 Kolhapuri design. This has caused anger and dissatisfaction among certain members of the\u00a0 society in India who deeply feel connected to the tradition and historical significance of the\u00a0 Kolhapuri Chappal. The situation that has arisen in Milan has opened up a pandora\u2019s box of\u00a0 questions regarding geographical indications, originality and craftsmanship, and the possibility\u00a0 of Kolhapuri craftsmen owning the intellectual property rights to their age-old design. With the\u00a0 footwear sector in India being one of the largest contributors to the Leather Industry of the\u00a0 country with 115 million pairs being produced in a year, the role of Kolhapuri Chappals in\u00a0<\/span><\/p>\n

India\u2019s economy cannot be understated, which makes the impact of the Milan Summer Show\u00a0 even greater to comprehend in the near future.\u00a0<\/span><\/p>\n

India\u2019s Stance on Geographical Indications: Defining Legacies\u00a0<\/b><\/p>\n

Geographical Indications Act, 1999 defines GI as an indication in relation to agricultural,\u00a0 natural, or manufactured goods which signifies its unique quality or characteristics originating\u00a0 from a certain territory of a country or locality or region within that territory. It acts as a\u00a0 distinct symbol or label allowing communities and territories to preserve and cherish their\u00a0 cultural heritage and the products created by their own craftsmen and artisans. It is an identity\u00a0 of a community. From the Muga Silk of Assam to the Kanchipuram Silk Sarees of Tamil Nadu,\u00a0 the Coorgi Coffee of Karnataka to the Pattachitra of Odisha, India thrives on indigenous\u00a0 cultural creations carving a legacy not just for the specific regions in those States, but for the\u00a0 nation at a global stage. The aim of the GI Act of 1999 was to promote indigenous creations\u00a0 and uplift Indian artisans to represent the country. The Act allows manufacturers and producers\u00a0 to make something their own and prevent counterfeiting, ensure the authenticity and realness\u00a0 of goods, and serve a larger community benefit through the identification and further\u00a0 commercialization of the same. The All India Handicraft Board (AIHB) acts as a governing\u00a0 body under the Ministry of Textiles which also recognizes Kolhapuri Chappals as a tradition\u00a0 of India. Kolhapuri Chappals and other Indian handicrafts act not just as a basic Indian\u00a0 product, but as a tool to gain state and national recognition, and improve the financial\u00a0 sustainability of family and community driven artistry.<\/span> Section 22 of the GI Act, 1999<\/span> also\u00a0 mentions infringement by outsiders upon GI tagged products as a sign of unfair\u00a0 competition and counterfeiting. The Hon\u2019ble Calcutta High Court in the case of <\/span>Tea Board of\u00a0 India v. ITC Limited (2019)<\/span><\/i> stated that every time when a person passes off his goods as those\u00a0 of another he commits the act of such deceit. The Act under Section 22 also provides that an\u00a0 alteration or change in the registered GI can only be done by the registered proprietor of the GI tag. Section 39 and 40 of the GI Act also penalize falsifying a GI tag or selling and\u00a0 commercializing a falsely represented GI tag product. Kolhapuri Chappals are listed under the\u00a0\u00a0<\/span><\/p>\n

Register of Geographical Indications in India and their GI Tag of Kolhapuri Chappals belongs\u00a0 to two Government entities which are Sant Rohidas Leather Industries and Charmakar\u00a0 Development Corporation (LIDCOM) in Maharashtra where the city of Kolhapur exists and\u00a0 Dr. Babu Jagjivan Ram Leather Industries Development Corporation Limited (LIDKAR) in\u00a0 Karnataka. Based on the same, the right to alter the GI tag or use products under the same is\u00a0 only with LIDCOM and LIDKAR.\u00a0<\/span><\/p>\n

Whether Prada is at Fault: A Deeper Issue of Non-Recognition\u00a0<\/b><\/p>\n

The Hon\u2019ble Bombay High Court heard a PIL raised in the current issue in <\/span>Prof. Adv. Ganesh\u00a0 Hingmire & Ors. v. Prada Group & Ors. (2025)<\/span><\/i> where petitioners, 6 advocates in total, argued\u00a0 for Prada not just to apologize to the Kolhapur community and artisans but also stop the\u00a0 production of their Sandals as well as compensate the community for reputational and\u00a0 economic damages. The Court while dismissing the petition on the grounds of inappropriate\u00a0 remedy and petitioners not being the aggrieved parties, made some important statements. It can\u00a0 be inferred from <\/span>Hon\u2019ble Justice Sandeep V. Marne\u2019s <\/span><\/i>words that Prada in general cannot be\u00a0 held liable or made guilty of any infringement or copying, due to the simple fact that they did\u00a0 not take the name of Kolhapuri Chappals or make a reference to it at any point of time from\u00a0 the production to the display at Milan. The violation of a GI Tag under Section 22 of the Act\u00a0 would have been valid if Prada would have referenced the Kolhapuri Chappals and publicized\u00a0 taking inspiration from the same.\u00a0\u00a0<\/span><\/p>\n

Legal Ambiguities and The Way Forward For Community-Driven Craft:\u00a0<\/b><\/p>\n

The Bombay High Court Judgment in the matter of Kolhapuri Chappals and Prada failed to\u00a0 address the case on its merits, for the valid reason that the maintainability of a Public Interest\u00a0 Litigation in such a case was highly questionable. Thus, it is the duty of the lawmakers as well\u00a0 as the stakeholders of the law to delve into the proper procedure of fighting for their rights.\u00a0 Section 31 of the Act allows aggrieved parties to approach the High Courts for appealing\u00a0 against the decisions of the Registrar. Emphasis here shall be put on the words \u201caggrieved\u00a0 parties\u201d which in this case can only be the artisans of the Kolhapuri community itself.As per\u00a0 Section 66 of the Act, the appropriate forum to approach for a violation or infringement of a\u00a0 geographical indication tag and to enforce rights attached to it, is the District Court within that <\/span>jurisdiction.<\/span> Therefore, the community and the craftsmen have a constitutional right to\u00a0 approach the District Courts in Maharashtra for availing the relief and remedies they absolutely\u00a0 are entitled to. The filing of petitions motivated by anger and rage, in the wrong forums, with\u00a0 the improper application of the law will only waste the time of the Court and not help the actual\u00a0 stakeholders in any manner whatsoever.\u00a0<\/span><\/p>\n

The law surrounding geographical indications is ambiguous and insufficient, not just in India\u00a0 but across the world. The Trade-Related Aspects of Intellectual Property Rights (TRIPS)\u00a0 Agreement, 1994 discusses the protection of GI but emphasizes majorly on wines and spirits.<\/span> India, being a signatory to the World Trade Organization (WTO) since its commencement, is\u00a0 also legally bound by this TRIPS Agreement. The Agreement of 1994 by nature fails to address\u00a0 issues at the ground level and provides generic over-the-top guidelines which are difficult not\u00a0 just to understand but also implement and apply at the grassroots. It is common sense that the\u00a0 mere presence of a law will not help stakeholders. Taking into consideration, the fact that in\u00a0 our country, there exist craftsmen who are unaware of the concept of GI tags, as well as artisans\u00a0 who although aware, willingly keep their products away from government registrations such\u00a0 as Madurkathi and Baluchuri Sarees<\/span> in fear of production costs rising, and a more complex\u00a0 procedure with the State involved. The basic understanding that needs to be ingrained in the\u00a0 minds of our communities and its creative individuals, shall come only from awareness.\u00a0 Awareness of their rights, of their duties and responsibilities as GI Tag holders, and of the\u00a0 appropriate forums to raise questions at, as well as what questions those are.\u00a0<\/span><\/p>\n

Conclusion:<\/b>\u00a0<\/b><\/p>\n

The lack of remedies available to the Kolhapuri artisans and the community at large in\u00a0 Maharashtra and the open infringement of a traditional heritage product by a global brand like\u00a0 Prada provokes an important question to answer. With the absolute ease to work around the\u00a0 legal provisions of the GI Act, 1999 and international brands of importance like Prada\u00a0 becoming the flagbearers of such infringement, what space does that leave for indigenous\u00a0 creators, artisans, craftsmen, and manufacturers to grow or use their creativity and produce\u00a0 cultural and ethnic goods. An argument can be made about the global brands taking these\u00a0 designs from a village to the entire world, but that becomes useless if the same village and its <\/span>craftsmen are not given any form of recognition or fame. <\/span><\/p>\n

Intellectual property law is uncertain,\u00a0 insufficient, and ambiguous on the subject of recognition of indigenous creations which allows\u00a0 companies across the globe to manipulate the system and the law itself allows the rich to\u00a0 become richer, not monetarily but in stature.<\/span><\/p>\n

Reference<\/b><\/p>\n

Prada Summer Menswear Show, Milan 2026, <\/span>https:\/\/www.prada.com\/eu\/en\/pradasphere\/fashion shows\/2026\/ss-menswear.html<\/span><\/p>\n

Dr. Yogesh Bokil & Ms. Manasi Patil, Transitioning Kolhapuri Chappal: An Exploration Of Vegan Leather\u00a0 With Kolhapur Artisans, Vol. 9, IJNRD (2024)\u00a0<\/span><\/p>\n

The Geographical Indications Of Goods (Registration and Protection) Act, 1999, \u00a72(e).\u00a0<\/span><\/p>\n

Anais Da Fonseca, Paintings, Painters, and Patrons: Institutional Interventions in the Lives of Cheriyal\u00a0 Paintings, Vol. 81, No.1\/2, AE, Pg. 125-148 (2022)<\/span><\/p>\n

The Geographical Indications Of Goods (Registration and Protection) Act, 1999, \u00a722.\u00a0<\/span><\/p>\n

Tea Board of India v. ITC Limited, 2019 SCC OnLine Cal 9122\u00a0<\/span><\/p>\n

The Geographical Indications Of Goods (Registration and Protection) Act, 1999, \u00a729.\u00a0<\/span><\/p>\n

\u00a0<\/span>The Geographical Indications Of Goods (Registration and Protection) Act, 1999, \u00a739 & \u00a740.<\/span><\/p>\n

The Geographical Indications Of Goods (Registration and Protection) Act, 1999, \u00a766.\u00a0<\/span><\/p>\n

\u00a0<\/span>Trade-Related Intellectual Property Rights Agreement, 1994, \u00a722, \u00a723, and \u00a724.\u00a0<\/span><\/p>\n

\u00a0<\/span>Akriti & <\/span>Pinaki Ghosh, Challenges in the Utilization of GI Registration for Capitalizing GI Products, Vol 29,\u00a0 JIPR, pp 428 (2024)<\/span><\/p>\n

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Author: \u00a0Spandan Mohapatra, a 3rd-year BBA LLB student from Christ University, Bangalore Abstract\u00a0 The Constitution of India under Article 19(1)(a) provides its citizens the freedom of speech and\u00a0 expression. Articles 301 to 307 also establish the principles of freedom of trade, commerce,\u00a0 and intercourse throughout the country. Arts and crafts are an essential tool of […]<\/p>\n","protected":false},"author":1,"featured_media":5008,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[85],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5877"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5877"}],"version-history":[{"count":7,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5877\/revisions"}],"predecessor-version":[{"id":5884,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5877\/revisions\/5884"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5008"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5877"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5877"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5877"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}