The Limits Of Indian IP Law: The Prada- Kolhapuri Chappal Dispute And India’s Ip Regime On Trial
- IJLLR Journal
- Aug 13
- 1 min read
Vidushi Kanchan, Ramaiah College of Law, Bengaluru.
ABSTRACT
The rapid expansion of global luxury retail into indigenous design markets has introduced complex legal and ethical challenges, particularly for traditional craft communities, as highlighted by controversies like the PRADA-Kolhapuri chappal dispute. This paper examines critical issues surrounding the adequacy of India’s Geographical Indications of Goods (Registration and Protection) Act, 1999 in protecting traditional brand identities and indigenous craftsmanship from appropriation by international fashion houses. Global brands replicate the design, aesthetic, and cultural essence of GI-protected products without securing appropriate authorisation, raising regulatory concerns about the scope of statutory protection, and the legal position of the artisan communities seeking redressal. Furthermore, the absence of extraterritorial enforceability and the confinement of protection to the registered name alone have raised uncertainties for indigenous producers. The paper advocates for a comprehensive reform of the GI framework, extending protection to design and cultural representation, enabling cross-border enforcement, and incorporating unfair competition safeguards, to ensure genuine recognition and economic accountability in this evolving landscape of a globalised marketplace.
