Opinion When heritage travels from Kolhapur to Milan, how do we protect it?

A GI tag identifies goods as originating from a specific country, region or locality, where their distinctive qualities, characteristics, or reputation are essentially linked to that “place of origin”. These attributes may arise from natural factors, such as soil, climate, temperature or raw materials, or from human elements like traditional methods of production or adherence to certain quality standards. The association between a product and its place becomes so well-known that the mention of one reminds of the other — a reference to Kolhapur in Maharashtra, for example, instantly brings to mind the humble yet durable Kolhapuri chappals. Similarly, “Champagne” refers not just to a French district but also to its iconic sparkling wine. In India, currently, Uttar Pradesh leads with the highest number of registered GIs (79), followed by Tamil Nadu (71) and Maharashtra (55). Among categories, handicrafts dominate with 366 registrations, ahead of agricultural goods (215) and foodstuffs (52), illustrating how India’s diverse geography is deeply entwined with its cultural identity.

In 2021, a renowned Indian fashion designer faced similar allegations for appropriating Rajasthan’s GI-tagged Sanganeri hand block printing in a collection made with a multinational fast fashion retailer. Such branding exercises, under the guise of “globalising Indian designs”, coupled with poor legal enforcement, threaten the livelihoods of handmade goods producers and risk erasing the communities preserving these invaluable traditions.

In such cases, companies may argue there’s no infringement since they don’t explicitly claim origin from Kolhapur or Sanganer. However, under the principles of passing off or unfair trade or colourable imitation, even implied or suggested associations can constitute infringement. In Scotch Whisky Association vs Pravara Sahakari Karkhana (1992), the court restrained the defendants from passing off their whisky under the description “Blended with Scotch” along with a symbol featuring a Scottish drummer wearing a kilt, by misappropriating the plaintiff’s goodwill.

The legal recourse

For registrability, an indication must fall within the definition of a “geographical indication” under Section 2(1)(e) of the 1999 Act, which identifies goods as agricultural, natural or manufactured with certain quality or characteristic attributable to their “geographical origin”. While GI registration is not mandatory in India, it offers stronger legal protection under Section 21, enabling infringement actions by registered proprietors and authorised users. If an unauthorised party misleads the public about the product’s origin, engages in unfair competition, or falsely claims that the goods come from a registered GI region, legal action may be pursued. The burden of proving the proprietor’s assent lies on the accused. Chapter VIII of the GI Act, 1999, outlines penalties and offences in detail. Under this, any police officer not below the rank of Deputy Superintendent of Police may, upon reasonable satisfaction that an offence has been or is likely to be committed, search and seize — without a warrant — the goods, dies, blocks, machines, or other instruments involved. In case of offences committed by a company, Section 49 holds both the company and persons responsible for its conduct liable. Alternatively, civil remedies such as injunctions, damages, account of profits, and even an Anton Piller order may be sought.

However, the scope of GI protection remains limited. GI rights are “territorial”, meaning they only apply in the country or region where protection is granted. There is no automatic international GI protection. Nevertheless, mechanisms do exist for global enforcement. First, recognition must be obtained in the country of origin — often a prerequisite — before applying for protection abroad. Other avenues include bilateral agreements (especially in sectors like wines and spirits), the WIPO Lisbon System, which allows protection across member states through a single registration, and the Madrid System, which enables GI-like protection as a collective or certification mark.

What can be done?

To truly safeguard traditional knowledge and support the communities behind these products, systemic reforms are essential. One promising initiative is the expansion of the Traditional Knowledge Digital Library (TKDL) to cover grassroots cultural expressions, including weaving, stitching, and dyeing traditions. Creating a publicly accessible, searchable database would help brands conduct due diligence, identify rights-holder communities, and initiate equitable collaborations. This can also lay the foundation for Access and Benefit Sharing (ABS). Inspired by Section 21 of India’s Biological Diversity Act, 2002, a similar legal framework should be developed to ensure fair and equitable sharing of benefits from the use of “traditional knowledge”, either directly with rightful communities or through a general-purpose fund. Together, a widened TKDL and ABS legal framework tailored to cultural expressions can help prevent one-sided exploitation and promote fair partnerships between global brands and traditional artisans, benefiting both.

Moreover, to boost visibility and sales of such products, a dedicated GI e-commerce marketplace can connect artisans directly with domestic and global buyers. Credibility in wider markets can be strengthened through attractive branding and eco-friendly packaging, supported by GI tags and QR-coded origin stories. Tourism-based promotion also holds promise. Craft trails, homestays, and live workshops in regions like Kolhapur and Madhubani can draw tourists while generating income for artisans. Public procurement by government departments for gifting and decor can ensure steady demand. Finally, simplifying GST norms and extending export incentives to artisan-led GI exports would further enhance profitability and encourage more participation in international trade. Safeguarding our traditional knowledge must go hand in hand with creating sustainable livelihoods for those who inherit, protect and pass it on.

The writer is a lawyer based in New Delhi