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KOLHAPURI CHAPPALS ON THE GLOBAL RUNWAY: CULTURAL APPROPRIATION AND GAPS OF INTELLECTUAL PROPERTY PROTECTION

September 1, 2025

**Mr. Sajid Nissar Mir
Ms. Shaik Ishrath Sadiqua

INTRODUCTION

The recent Prada Spring/Summer 2026 Menswear Show, held in June 2025, sparked widespread controversy over allegations of cultural appropriation of traditional Indian footwear design that is the Geographical Indication (GI)-tagged ‘Kolhapuri Chappals’, renowned for their toe-loop design. This raised important questions on intellectual property rights and protection of indigenous craftsmanship on the global stage. This article explores the aspect of cultural appropriation through the recent Kolhapuri Chappal controversy, and examine the efficacy of GI protection and other IP frameworks in such cases.

UNDERSTANDING CULTURAL APPROPRIATION IN FASHION

The expression ‘cultural appropriation’ refers to the act of adopting or taking elements from one culture or society by members of other, particularly observed when a dominant group appropriates the aspects of a marginalized culture in a disrespectful or exploitative manner. In the fashion industry, designers often borrow the stylistic elements or traditional cultural expressions (designs, art, music, etc.) from other cultures and repurpose them without acknowledging, authorization or compensation. This phenomenon is referred as the ‘piracy paradox’ by many commentators, where such fast-paced copying ensures renewed consumer demand for the changing designs, but at the cost of cultural fairness.

Examples of cultural appropriation in relation to Indian fashion and textile include Gucci’s Indy Turban and embroidered kaftan similar to Kurta, the Scandinavian scarf trend on social media, as well as Madras Plaid, Zardozi, Ikat and other embroidery techniques. Unfortunately, the existing IP laws often exclude traditional cultural expressions leaving vulnerable to appropriation as they are in public domain. However, WIPO is making efforts to address these issues through WIPO Treaty on IP, GR and Associated TK, 2024.

THE ‘KOLHAPURI CHAPPAL CONTROVERSY’: CULTURAL SIGNIFICANCE, OUTRAGE AND THE RESPONSE:

The Kolhapuri Chappals was granted GI tag in 2019, signifying its distinctive braided T-strap design and T-loop origin tied to Kolhapur of Maharashtra and parts of Karnataka. The handcraft of making Kolhapuri Chappal date backs to the 13th Century and is passed down through generations, where they are stitched without nails using sustainable materials like natural oil and ingredients.

These authentic chappals retails for approximately Rs. 1000/-, whereas the luxury fashion house ‘PRADA’ allegedly rebrands and sells it for Rs. 1.2 lakh. This sparked outrage and the Maharashtra Chamber of Commerce (MACCIA) filed a complaint demanding fair compensation along with acknowledgment. Following these events, ‘PRADA’ formally recognized that the design was inspired from traditional Indian craftsmanship of Kolhapuri Chappal and are dealing the matter through negotiations for fair collaboration.

LEGAL DIMENSIONS: GI TAG AND IP PROTECTION LIMITS:

The Geographical Indication (GI) tag focuses on product quality and reputation tied to the geographic origin which helps it differentiate itself from similar goods produced elsewhere (Section 2 (e) of GI Act, 1999). In India, GI registration grants exclusive rights to the registered proprietors i.e. the GI holders or authorized users to use the GI tag with respect to the goods for which registration took place, prevent unauthorized usage by others and right to obtain relief in case of infringement (Section 21 of Geographical Indications of Goods (Registration and Protection) Act, 1999).

However, this GI Act provides territorial protection only within India and does not automatically apply globally in the absence of separate registration in other countries. The protections provided by GI tag provides monetary claims unless misrepresentation occurs, and in the present case there was not any use of word ‘Kolhapuri’ but usage of the design without using the GI name does not technically fall under infringement. This shows how GI Act, 1999 is grossly insufficient in protecting except the use of registered product’s name.

While the other IP systems like trademarks, copyrights and patents are designed for individual innovation and novelty, GI recognizes the collective heritage which makes the cultural appropriation easy, this leads to a drawback where Kolhapuri Chappal makers can only claim credit not compensation. This kind of products do not fall under other IP protection criteria, such as lacking novelty in case of getting Patent protection. Also, these Kolhapuri Chappals are already in the public domain and hence, they cannot be protected under the Designs Act, 2000 for the aesthetic and design features as it safeguards only new or original designs. These loopholes are capitalized by big brands like PRADA where despite of giving credit, the artisans have no right to claim monetary compensation.

CULTURAL APPROPRIATION & TRADITIONAL KNOWLEDGE:

The Kolhapuri Chappals are rooted in the traditional artisanal practices, and therefore, they would fall under Traditional Cultural Expressions (TCE) under international law. As of now, in India, there isn’t any sue generis law to protect TCEs and Traditional Knowledge (TK). Registering the knowledge and cultural expression with the national databases like Traditional Knowledge Digital Library (TKDL) can help with establishing evidence of origin and collective ownership. This can enable artisans to claim rights not only for usage of name but also for the designs and benefits for commercial use. Despite claiming protection from international forums such as the WIPO, we do not have any domestic legislation. This makes them more vulnerable to cultural appropriation and benefit-sharing.

RECOMMENDATION FOR STARTUPS:

The new startups specifically associated with fashion can avoid GI, Traditional Knowledge and Traditional Cultural Expressions issues through strategic steps:

  • With a proper due diligence one can verify whether such product or design is already protected and aligns with current IP laws including Indian as well as international regimes, when it comes to TK, the database such as TKDL can be consulted. Similarly for GI and TCE, search through relevant official databases can be used with the assistance of IP officers at Patent offices.
  • Direct collaborations or licensing along with GI holder, or crediting and benefit-sharing agreements with artisan groups. The startups can build trust and reputation by maintaining transparent disclosures for collaboration.

CONCLUSION

This matter showcased the limitations of existing IP law specifically GI protection, as the GI tag did not extend to Italy and PRADA avoided the explicit use of the protected name which sidestepped the direct infringement under international law. This kind of situations can be avoided through offering credit and compensating the culture bearers while using traditional designs. However, this issue extends beyond just the Kolhapuri Chappal. It concerns the exploitation of artisans’ craftsmanship by luxury brands and capitalizes on loopholes of the Intellectual Property (IP) laws without giving proper credit. The current IP frameworks are insufficient to effectively provide protection against cultural misappropriation, this highlights the need for reforms at international level through binding agreements, as the risk of cultural appropriation is not limited to territory level. Additionally, the Indian IP laws should address this issue through guidelines. As Article 23 of TRIPS Agreement extends additional protection to wines and spirits by providing ‘absolute and unqualified’ protection to the GIs even if their use is not misleading the public, it can be taken towards GI, which is a similar approach that can help in avoiding the cultural misappropriation. There is a need of better approach to enable transnational protection for specific features by recognizing them as unique and by addressing the aspects of potential copying of GI products and not just providing protection against usage of GI tagged name.

REFRENCES:

  1. Prof. Adv. Ganesh S. Hingmire v. PRADA Group, 2025 SCC Online Bom 2681.
  2. Geographical Indications of Goods (Registration and Protection) Act, 1999, § 2 (e) (India).
  3. Geographical Indications of Goods (Registration and Protection) Act, 1999, § 21 (India).
  4. Cultural Appropriation, EBSCO, https://www.ebsco.com/research-starters/political-science/cultural-appropriation (last visited Aug. 28, 2025).
  5. Kartikey Singh, Prada-Kolhapuri controversy: Can a G.I. tag prevent cultural misappropriation?, THE HINDU, https://www.thehindu.com/news/national/can-a-gi-tag-prevent-cultural-misappropriation-explained/article69756889.ece (last visited Aug. 28, 2025).
  6. Rinku Ghosh, Why Kolhapuri chappal makers can only claim credit, not compensation, INDIAN EXPRESS, https://indianexpress.com/article/explained/kolhapuri-chappal-compensation-10092962/ (last visited Aug. 28, 2025).
  7. Brigitte Vézina, Curbing cultural appropriation in the fashion industry with intellectual property, WIPO MAGAZINE, https://www.wipo.int/web/wipo-magazine/articles/curbing-cultural-appropriation-in-the-fashion-industry-with-intellectual-property-40880 (last visited Aug. 29, 2025).
  8. Zoya Mateen, Why Prada- and other luxury brands- keep getting India wrong, BBC (June 30, 2025), https://www.bbc.com/news/articles/cgmwnlnrd1eo. (last visited Aug. 28, 2025).
  9. Peter Jaszi, Protecting Traditional Cultural Expressions – Some Questions for Lawmakers, WIPO MAGAINE, https://www.wipo.int/web/wipo-magazine/articles/protecting-traditional-cultural-expressions-some-questions-for-lawmakers-40072 (last visited Aug. 29, 2025).
  10. Tanishka Goswami, The Devil Wears Kolhapuri or Prada? Understanding GI Law, Cultural Appropriation & More, SPICY IP, https://spicyip.com/2025/07/the-devil-wears-kolhapuri-or-prada-understanding-gi-law-cultural-appropriation-more.html (last visited Aug. 30, 2025).
  11. Sanjay Jain, Prada-Kolhapuri chappal controversy: Tip of the iceberg, BAR AND BENCH, https://www.barandbench.com/columns/prada-kolhapuri-chappal-controversy-a-tip-of-the-iceberg (last visited Aug. 30, 2025).

Author:
* Mr. Sajid Nissar Mir
Director Legal, Management Consulting Firm.

* Ms. Shaik Ishrath Sadiqua
4th Year, B.A. LL.B. IPR (Hons.) Student, Alliance University, Bengaluru

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights (ACIPR) and the Centre does not assume any responsibility or liability for the same.