When Fashion Meets Tradition: IP Gaps In Protecting India's Kolhapuri Craftsmanship

The true prosperity of art and its creators rests upon ensuring that passionate and innovative inventors and artists receive fair recognition and protection for their work. A striking example lies in the story of Kolhapuri chappals.

These handcrafted leather chappals have been an integral part of Indian culture and are typically sold in Indian markets for no more than a 1000 rupees. Yet recently the Italian luxury brand Prada, has listed the same for 1-1.2 Lakh rupees with no consideration, compensation or recognition to the artisans who have kept this generational art alive for centuries.

The issue gained global recognition when Prada featured Kolhapuri Chappals as a part of their collection for the Spring/ Summer 2026 Milan Fashion Week. They presented the same but did so with no acknowledgement to the Indian craftsmen nor of the heritage the chappals held.

This incident raises a pressing question: how can intellectual property law safeguard traditional cultural expressions in the global fashion industry?

Intellectual Property and Traditional Handicrafts:

Traditional craftsmanship is rooted in age-old methods, skills, and knowledge that have been carefully passed down through generations. Handicrafts not only embody traditional knowledge (TK) in the techniques and expertise required to create them but also represent traditional cultural expressions (TCEs) through their design, form, and aesthetic style.

Beyond their cultural and artistic value, TK and TCEs, particularly in the form of handicrafts, serve as important economic assets. They can be leveraged, traded, or licensed for revenue generation and broader economic development. At the same time, they carry immense cultural, social, and historical significance for the communities that continue to preserve, practice, and evolve these traditions.

The Supreme Court in the case of Collector Of Central Excise, New Delhi v Louis Shoppe & Anr. 1996 SCC (3) 445 provided the following test for something to be identified as 'Handicraft':

• It must be predominantly made by hand. It does not matter if some machinery is also used in the process.
• It must be graced with visual appeal in the nature of ornamentation or in-lay work or some similar work lending it an element of artistic improvement. Such ornamentation must be of a substantial nature and not a mere pretence.

From an intellectual property perspective, handicrafts can be understood in three distinct categories:

1. Reputation – rooted in their origin, style, or quality.
2. Exterior appearance – reflected in their form and design.
3. Know-how – encompassing the skills and expertise required to design and produce them.

Each of these components can be protected under different branches of intellectual property law. For example, know-how may be safeguarded through patents or trade secrets; the outward appearance of a craft may fall under industrial design protection or copyright; while reputation can be secured through trademarks, collective or certification marks, geographical indications, or even laws against unfair competition.

The form of intellectual property most relevant in this context is the Geographical Indication (GI). A GI is a symbol or sign used on products that possess specific qualities, reputation, or characteristics essentially linked to their place of origin. These traits often emerge from customs, traditional practices, and knowledge that have been preserved and passed down through generations within a particular community.

Handicrafts based on natural resources, when distinguished by features unique to their place of origin, may qualify for GI registration. Well-known Indian examples include Basmati rice and Darjeeling tea. Over time, the association between such goods and their geographical origin becomes so strong that the mere mention of the place immediately evokes the product—and vice versa.

Geographical Indication and Kolhapuri Chappals:

Authentic Kolhapuri chappals are made from high-quality leather that undergoes natural treatment. Crafting a single pair requires significant time and skill—typically at least a week, and in some cases, over a month depending on the complexity of the design. Each chappal is entirely handmade, with intricate carving and delicate design work often carried out by women within the artisan families.

On December 11, 2018, Kolhapuri chappals, covering eight districts—four in Maharashtra and four in Karnataka—were officially granted Geographical Indication (GI) status. Despite this recognition, only 95 artisans are currently registered as authorized GI users, a number that hardly represents the true scale of the craft industry. As one representative from the State Industries Department observed, “There is insufficient awareness regarding the benefits and opportunities provided by GI registration.”

At present, there is no unified global framework for the protection of GIs. Instead, their scope and level of protection vary widely across countries, shaped by differing national laws and an array of international agreements. Consequently, authorized users and registered proprietors such as LIDCOM and LIDKAR can only initiate legal action within India's jurisdiction.

Importantly, under most legal systems, it is not inherently unlawful to replicate the style or production methods linked to a GI, as long as the protected GI name is not used in commerce. The primary safeguard lies in preventing misuse of the registered GI term (or any deceptively similar designation) in ways that mislead consumers about the product's origin or amount to unfair competition. In the case at hand, the Italian brand has neither used the name Kolhapuri nor suggested any connection to it.

This situation illustrates a clear case of cultural misappropriation—a practice that arises when elements of one culture are adopted by individuals from another, often without due respect, understanding, or acknowledgment. The concern deepens when members of dominant cultures commodify the symbols, traditions, or artistic expressions of marginalized groups, reducing them to commercial products or fleeting trends. The traditional local workers engaging in the production feels defeated by the system.

A notable example is the case of People Tree v. Dior. The renowned designer Christian Dior became embroiled in controversy over the use of a block print design originally created by the Indian art collective People Tree. The design first gained visibility when an Indian actress wore it in the Elle India magazine, after which businesses worldwide began replicating the patterns and artwork without attribution.

For People Tree to seek intellectual property protection and establish infringement, the collective would need to prove that its creative work constitutes an original expression of an idea. Furthermore, they would have to demonstrate that their exclusive economic rights under copyright law had been violated by showing that a substantial portion of their original artwork was unlawfully copied.

Similarly, in the present case, the traditional craft of Kolhapuri chappals has been misappropriated without giving due credit to the artisans or their communities. Traditionally, Kolhapuri chappals are marketed primarily in local markets by artisans from Kolhapur. Although certain initiatives have attempted to expand the brand's visibility through online platforms and digital media, then too they are far less priced than that of Prada's.

These craftspeople continue to face systemic challenges such as limited access to education, financial resources, and investment capital that restrict their ability to take full advantage of wider market opportunities. As a result, while their work carries immense cultural and economic value, they are often left unable to reap the benefits of broader recognition and commercialization.

What Should Be Done?

The scope of Geographical Indication (GI) and trademark protection needs to be broadened to cover not only the geographical origins or names of products but also their unique design elements. Recognizing and protecting the distinctive features that define traditional products such as Kolhapuri chappals would serve as a crucial step in strengthening intellectual property safeguards.

By extending legal protection to these cultural and artisanal identifiers, we can prevent the misuse of traditional designs and unauthorized imitation. More importantly, such an approach would ensure that both the economic rewards and the cultural recognition flow primarily to the original craftspeople and their communities, preserving their heritage while empowering them in the modern marketplace.

A higher level of protection for traditional products would not only help prevent misuse but also enhance their market value, thereby encouraging the continued transfer of artisanal skills across generations. GI-registered owners can also strengthen their protection globally by registering related names and marks as trademarks in other jurisdictions. With greater international cooperation, traditional knowledge can be preserved and promoted more effectively.

To ensure meaningful inclusion of traditional cultural expressions within global intellectual property systems, India should engage more actively with organizations such as the World Intellectual Property Organization (WIPO). Instruments like the Nagoya Protocol (2010) offer valuable guidance on principles of fair and equitable benefit-sharing, which could be adapted to safeguard cultural resources with greater efficiency.

By collaborating with other countries, India can play a leading role in developing international standards that protect traditional designs from infringement, ensuring not only their preservation but also the continued vibrancy of its rich cultural heritage.

Lastly, community awareness is pivotal to preserving traditional culture and ensuring that artisans benefit from their heritage. This can be achieved through training and capacity-building programs tailored for craftsmen. Collaborating with non-governmental organizations (NGOs) can further empower artisans by equipping them with knowledge about the importance of intellectual property systems. Such initiatives may include community seminars, targeted legal literacy programs, and other awareness-building activities.

In addition, the formation of artisan associations can strengthen collective bargaining power and provide a united front against intellectual property violations. Together, these efforts would not only safeguard traditional crafts but also enable artisans to claim their rightful space in both domestic and global markets.

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