25 July, 2019
Kolhapuri Chappal, a sturdy leather slipper that rose from its humble rural origins to occupy the high table of global fashion, now has a Geographical Indications (“GI”) tag. The Controller General of Patents, Designs and Trade Marks (“CGPDTM”) has granted GItag, “
“ for Kolhapuri slippers originating from four districts in Maharashtra and Karnataka respectively. These 8 districts are Kolhapur, Sangli, Solapur and Satara districts of Maharashtra and Belgaum, Dharwad, Bagalkot and Bijapur districts of Karnataka.
A GI tag is granted to products which have specific geographical origins and possess qualities, reputation and distinctiveness which are quintessentially attributable to its origin in that defined geographical location, whereas in case of manufactured goods, one of the activities of production, processing or preparation should take place in such demarcated territory, region or locality. Accordingly, a GI tag has been granted to Kolhapuri slippers on account of the unique process of producing bag tanned leather and other indigenous stitching and pasting methodologies which are attributable exclusively to artisans in the aforesaid districts.
What the GI tag means for the artisans that make Kolhapuri slippers is that footwear produced only in the aforesaid eight districts will qualify to carry the tag of being Kolhapuri slippers. Producers of similar footwear in any other part of the country will now be prohibited from using the term “Kolhapuri” to promote their slippers.
Contrary to popular perception that Kolhapuri slippers are manufactured only by artisans in Maharashtra, a large number of artisans from Karnataka have also been making these slippers for a long time now. For this reason, the application for GI registration for Kolhapuri slippers was filed conjointly in 2009 by; Sant Rohidas Leather Industries & Charmakar Development Corporation Limited of Maharashtra (“LIDCOM”) and Dr. Babu Jagjeevan Ram Leather Industries Development Corporation of Karnataka (“LIDKAR”)
In terms of the application filed by LIDCOM and LIDKAR, the origin of Kolhapuri slippers can be traced back to the 12th Century ruler, King Bijjal of Bidar district and his Prime Minister Viswaguru Basavanna, who wanted to create a casteless society and remove stigmata usually associated with oppressed communities. Without dwelling into grim details; which involves a pair of slippers being produced with human skin and the superstitious connotations associated with the origin story of the slippers, it shall suffice to know that the said Basavanna achieved his objective of creating a casteless society and it was with that spirit, that the local artisans used their creative acumen in footwear production. Interestingly, the name Kolhapuri was prefixed to the slippers only around the beginning of the 20th Century.
In the undivided Bombay State (before 1947), most of the Kolhapuri slippers were produced from bag tanned leather by artisans in the select districts. Post- independence and after the formal reorganization of states, some of the districts manufacturing leather slippers formed part of Karnataka and the tanners and artisans continue to follow the same methods of production in their respective districts, till date.
The GI tag approval implies that the artisans producing Kolhapuri slippers in the aforesaid districts will now be able to promote and market their product in domestic and international markets with ease. This also means the artisans will have greater leverage to negotiate profitable deals with leading e-commerce players, as similar products made in other parts of the country will now be prohibited from using the term "Kolhapuri". Artisans, some of them 4th generation specialists, welcomed the development and are hopeful that it will boost their business and open new avenues for their genuine and resilient products.
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 (“Act”) which came into force on September 15, 2003. Darjeeling Tea was the first Indian product that was granted a GI tag in 2004 and around 324 products have been granted GI tags in India, till date.
In a recent development, the Department for Promotion of Industry and Internal Trade (DPIIT), with a view to encourage the promotion and marketing of Indian products which have been granted GI, has issued draft
guidelines dated June 24, 2019, whereby the following common GI Logo [
] and Tagline [अत ु यभारतक अमू य न ध (Invaluable Treasures of Incredible India)] have been proposed to be used for all GI registered products. The proposed GI Logo is intended to act as a type of a certifying mark to clearly demarcate and aid in the identification of all GI registered products across all classes and thereby facilitate easy recognition of authentic GI registered products and resultantly protect the interest of genuine GI products and manufacturers.
A common GI tag would create awareness amongst producers and consumers alike, and thereby result in greater marketability and protection of these products apart from increased sales.
The said GI Logo and Tagline will only be used in relation to GI products registered in India and no additional fee or permissions will be required to use the same.
The potential of GI tagging has not yet been realized to its true potential in India due to limited awareness of GI marks amongst general public and poor implementation of statutory norms.
Even the introduction of a common logo and tagline will not serve much purpose unless the same is widely popularized by the government through mass publicity campaigns and consumer awareness programs. Interestingly, Thailand has pioneered GI protection in South-East Asia, and boasts of being one of the most developed GI protection frameworks in the region.
India must look at the implementation policies undertaken by Thai administrators and similar policies including suo- moto investigation and penalization of GI tag infringers must be enforced to accomplish the underlying objectives of enacting the GI Act.
For further information, please contact:
Vineet Aneja, Partner, Clasis Law
vineet.aneja@clasislaw.com
