G.I. Tags: Cultural Shield or Just a Label?

01-07-2025

Why in the News?

In June 2025, the Italian luxury brand Prada launched sandals inspired by India’s traditional Kolhapuri chappals, which carry a GI (Geographical Indication) tag.
This move sparked accusations of “cultural misappropriation”, with critics arguing that Prada used a traditional Indian design without proper acknowledgment.
Cultural misappropriation is when someone uses parts of another culture, like clothes, art, or traditions, without showing respect or giving credit, often just to make money or look trendy.

Key Highlights

About Geographical Indication
1. A GI tag is a special type of protection given to products that come from a specific place, and have unique qualities or a strong reputation because of that place.
2. It’s a part of Intellectual Property Rights (like patents or trademarks).
3. In India, there are 658 GI-tagged products, such as:
  1. Chanderi sarees (Madhya Pradesh)
  2. Madhubani paintings (Bihar)
  3. Pashmina shawls (J&K)
  4. Kancheepuram silk (Tamil Nadu)
  5. Darjeeling tea (West Bengal)
4. Unlike trademarks, GI tags are owned by the community or producer group, not by a single person or company. They can’t be sold or licensed.
Importance of GI Tags
1. Powerful marketing tool: GI tags act like a brand name that tells buyers the product is authentic and special. This makes it easier to market.
2. Driving rural development: GI products are often made by local farmers or artisans, which helps in creating jobs and income in villages.
3. Boosting exports: Products with GI tags are seen as high-quality, so they are more in demand in international markets.
4. Enhancing consumer confidence: Buyers trust GI products because they know the origin and quality are genuine.
5. Preserving ‘cultural knowledge’ of local communities, farmers and indigenous groups: GI tags protect local culture, skills, and traditions from being copied or misused by outsiders
Legal Protection of GI Tags
1. GIs are protected by international laws like the Paris Convention (1883) and the TRIPS Agreement (1995).
2. India, as a signatory of TRIPS, enacted Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force in 2003.
3. The law allows:
  1. Registration of GI products
  2. Action against fake use
  3. Fines and penalties for misuse
How to Deal with Misuse?
1. If someone fakes a GI product, the rightful producers can take legal action.
2. Misuse includes:
  1. Misleading the public about the origin of the goods, causing unfair competition in the market.
  2. Falsely representing a non-GI tagged good as a GI-tagged good.
3. But GI tags are primarily territorial and limited to the country where protection is granted.
4. At present, no automatic international GI rights exist. But several mechanisms exist for cross-border protection.
5. GI tags can be first secured in the country of origin and then other countries too, for global protection.
Similar Cases
1. Basmati Rice (USA, 1997): A US firm tried to patent a type of Basmati. India protested and the name “Basmati” couldn’t be used.
2. Turmeric (USA, 1995): A US university got a patent for turmeric’s healing use. India proved it was traditional knowledge, and the patent was cancelled.
3. Neem (Europe, 2000): A US firm got a patent for neem’s antifungal use. India challenged it successfully, as neem has been used in India for centuries.

Intellectual Property Rights (IPR)

Definition
1. IPRs are legal rights given to creators over their innovations, artistic works, symbols, and names.
2. These rights ensure exclusive use of the creation for a limited time.
3. Recognized under Article 27 of the Universal Declaration of Human Rights.
4. Aimed at protecting moral and material interests of creators.
Types of IPR
1. Copyright and Related Rights
  1. Protects literary and artistic works like books, music, films, software, etc.
  2. Valid for at least 50 years after the author’s death.
2. Industrial Property
  1. Trademarks: Distinguish products/services of one firm from another.
  2. Geographical Indications (GIs): Identify products linked to a specific region (e.g., Darjeeling tea).
  3. Patents: Protect inventions and technology.
  4. Industrial Designs: Protect appearance/design of products.
  5. Trade Secrets: Protect confidential business information.
Importance of IPR
1. Encourages innovation by rewarding creators.
2. Boosts economic growth and job creation.
3. Protects the rights of inventors and artists.
4. Promotes creativity and entrepreneurship.
5. Supports FDI, licensing, and technology transfer.
6. Enhances ease of doing business.

TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, 1995

About TRIPS
1. It is a comprehensive multilateral agreement on Intellectual Property, part of the WTO system.
2. Adopted under the Marrakesh Agreement (1994).
3. Resulted from the Uruguay Round of trade negotiations.
Objectives
1. Standardization of IPR Laws: Set minimum standards of IPR protection for all WTO members.
2. Encourage Innovation and Technology Transfer: Promote creativity, innovation, and global cooperation in R&D.
3. Adequate Protection of IP Rights: Ensure creators get fair protection and benefits.
4. Support Free Trade: Ensure IP enforcement does not restrict trade between countries.
5. Flexibility for Public Interest: Allows special provisions for issues like public health, food security, etc.
Role in International Collaboration
1. Harmonisation of IP Laws: This helped in creating a uniform and predictable legal framework for international trade and innovation.
2. Increased Transparency: It made it mandatory for countries to publicly share their IP laws and regulations, which improved clarity and trust in the global IP system.
3. Encouraged Knowledge Sharing: TRIPS promotes technology transfer from developed to developing countries. Developed nations are obliged to support developing countries in building capacity and accessing new technologies.
4. Promoted Social and Economic Welfare: TRIPS aims to balance rights and responsibilities, ensuring that IP laws also support broader goals like development and social welfare.
5. Enabled Flexibility for Public Health: TRIPS allows exceptions and flexibilities, such as compulsory licensing, which are useful during public health emergencies (e.g., HIV/AIDS drug access in the 1990s)

Challenges and Way Forward

Challenges	Way Forward
GI protection is limited to the country where it's registered	Promote international registration of Indian GIs in key export markets.
No global GI law or automatic worldwide protection	Work through bilateral and multilateral agreements to improve GI recognition abroad.
Traditional knowledge often not properly documented	Expand the Traditional Knowledge Digital Library (TKDL) to include more grassroots knowledge.
No easy way for companies to verify existing GI tags	Create a searchable GI database to help brands identify GI products and avoid misuse.
Local communities are often unaware of their GI rights	Conduct awareness campaigns and training to empower producer groups about their GI rights.
Misuse or fake use of GI tags by outsiders	Strengthen legal enforcement at national and international levels to stop unfair use.
Lack of collaboration between brands and GI holders	Encourage partnerships between companies and local communities for ethical use of GI products.

Ensure IAS Mains Question

Q. What are Geographical Indications (GIs)? Discuss their importance in protecting traditional knowledge and preventing cultural misappropriation. Highlight the key challenges in enforcing GI rights and suggest a way forward. (250 words)

Ensure IAS Prelims Question

Q. Consider the following statements regarding Geographical Indications (GIs):

GI tags are considered intellectual property rights.
GI rights are transferable and can be licensed to companies.
GI protection is territorial in nature.

Which of the statements given above is/are correct?

1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3

Answer: b

Explanation

Statement 1 is correct:GI tags are a form of intellectual property right that identify goods based on geographical origin and unique characteristics linked to that region, protected under national and international laws.

Statement 2 is incorrect: Unlike trademarks, GI rights are collective rights held by producer groups and cannot be transferred, assigned, or licensed to others; they are public property, not private or commercial assets.

Statement 3 is correct: GI protection is territorial, meaning rights apply only in the country where they are registered. For global protection, separate registration is needed in each foreign jurisdiction.