Geographical Indications and Kolhapuri Chappals of Maharasthra

In a globalized marketplace, consumers often seek products that embody a unique quality or reputation linked to their geographical origin. This distinct connection between a product and its place of origin is legally protected through Geographical Indications (GIs). In India, this protection is primarily governed by The Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force in 2003. This Act safeguards the identity and integrity of products rooted in specific regions, ensuring quality and preventing misuse.

What is a Geographical Indication (GI)?

A Geographical Indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. To function as a GI, a sign must identify a product as originating from a given place. Furthermore, the qualities, characteristics, or reputation of the product should be essentially attributable to the geographical origin. This means that the unique attributes of the product are a direct result of the natural factors (like climate, soil) and/or human factors (like traditional production methods, craftsmanship) prevalent in that specific region.

Essentials of a GI:

• 1. Specific Origin: The product must originate from a definite geographical territory.
• 2. Quality/Reputation/Characteristic: The product must possess a distinct quality, reputation, or other characteristic.
• 3. Attributable to Origin: This quality, reputation, or characteristic must be essentially due to its geographical origin.

Difference between Appellation of Origin (AO) and Geographical Indication (GI):

While often used interchangeably, there's a subtle but important distinction, especially in international intellectual property law:

• • Appellation of Origin (AO): This is a stricter form of GI. For an AO, the quality and characteristics of the product must be exclusively or essentially due to the geographical environment, including natural and human factors. The raw materials used and the production process must also entirely take place within the defined geographical area. Examples often include wines (e.g., Champagne, Bordeaux) where the specific soil, climate, and traditional methods are paramount.
• • Geographical Indication (GI): This is a broader term. While the quality/reputation must be essentially attributable to the geographical origin, it doesn't necessarily require that all raw materials or all production stages originate from that specific place. The link can be primarily to reputation.

In essence, all Appellations of Origin are GIs, but not all GIs are Appellations of Origin. The Indian GI Act covers both concepts under the umbrella of "Geographical Indication."

Kolhapuri Chappals: A Case Study

The recent fury was raised against Prada wherein without crediting our craftsmen from the very beginning, the brand launched these chappals at around a cost of Rs. 1.2 lakhs onwards and were showcased at the Milan Fashion week. The Kolhapuri Chappal serves as an excellent example of a product protected by a GI in India. These traditional hand-crafted leather sandals are renowned for their unique design, durability, and comfort. The GI tag for Kolhapuri Chappals was granted in 2019, covering specific districts in Maharashtra (Kolhapur, Solapur, Sangli, Satara) and Karnataka (Belagavi, Dharwad, Bagalkot, Bijapur).

• • Geographical Link: The name "Kolhapuri" directly links the product to the Kolhapur region of Maharashtra, where its distinctive style and craftsmanship originated centuries ago.
• • Unique Qualities: The chappals are known for their specific leather tanning processes, intricate braiding, and robust construction, all developed through generations of artisan skill in these regions.
• • Reputation: They enjoy a widespread reputation for quality and authenticity, making them a sought-after traditional footwear.

The GI tag ensures that only chappals produced in these specified regions, adhering to the traditional methods and quality standards, can be marketed as "Kolhapuri Chappals," protecting the livelihood of local artisans and preventing imitation.

Significance of GIs:

• 1. Economic Benefit: GIs provide economic benefits to producers by allowing them to market their products at a premium, preventing free-riding by unauthorized users.
• 2. Rural Development: They promote rural and regional development by preserving traditional skills and creating employment opportunities in specific geographical areas.
• 3. Consumer Protection: Consumers are assured of the authenticity, quality, and origin of the product, preventing deception.
• 4. Cultural Heritage Preservation: GIs help preserve traditional knowledge, craftsmanship, and cultural heritage associated with unique products.
• 5. Brand Building: They act as a collective brand for products from a specific region, enhancing their global recognition.

International Treaties Governing GIs:

Globally, GIs are primarily governed by:

• • Paris Convention for the Protection of Industrial Property (1883): This was one of the earliest international agreements to provide some protection for "indications of source" and "appellations of origin."
• • Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958): Administered by WIPO, this agreement provides for the international registration of appellations of origin.
• • TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) (1995): This WTO agreement significantly strengthened GI protection globally. It mandates that WTO member countries provide legal means for interested parties to prevent the use of a GI that misleads the public as to the true origin of the goods or constitutes an act of unfair competition. It also provides for enhanced protection for GIs for wines and spirits.

Geographical Indications as implemented by India's GI Act, are vital tools for protecting the unique identity and economic value of products tied to specific regions. Through examples like the Kolhapuri Chappal, GIs not only foster economic growth and consumer trust but also play a crucial role in preserving India's rich cultural and traditional heritage on a global stage.