Geographical Indications of Goods (Registration of Protection) Act, 1999
Subject : Civil Law - Intellectual Property Rights
The Bombay High Court has put an end to a high-profile legal challenge brought against the Italian fashion house PRADA. In a judgment delivered on July 16, 2025, the court dismissed a Public Interest Litigation (PIL) that sought to challenge the global brand’s commercialization of "toe ring sandals," which petitioners claimed were deceptively similar to the GI-tagged "Kolhapuri Chappal."
The petition, filed by a group of six advocates, alleged that PRADA’s 2025 "Spring Summer Men’s Collection" showcased sandals that mimicked the traditional, 800-year-old art form of Kolhapuri footwear. The petitioners argued that by introducing these products—reportedly priced at over Rs 1,00,000—without authorization from the registered GI proprietors, PRADA was committing a violation of Section 22 of the Geographical Indications of Goods (Registration of Protection) Act, 1999 (the G.I. Act).
The petitioners sought wide-ranging relief, including a permanent injunction against the brand, a court-mandated public apology, and the establishment of a specialized committee to protect Indian artisanal works in international markets.
Representing the petitioners, Mr. Ganesh S. Hingmire argued that the PIL was necessary to protect the livelihoods of thousands of artisans whose traditional craft was being threatened. He contended that the registered proprietors—LIDCOM and LIDKAR—might not take independent action, necessitating intervention by public-spirited individuals.
Conversely, Senior Advocate Mr. Ravi Kadam, appearing for PRADA, challenged the maintainability of the PIL. He argued that the GI Act provides specific, robust mechanisms for infringement through civil litigation. He emphasized that the registered proprietors are government agencies fully equipped to defend their rights in a court of law, rendering the PIL an inappropriate vehicle for what is essentially a private commercial dispute.
The bench, presided over by Chief Justice Alok Aradhe and Justice Sandeep V. Marne, centered its decision on the structure of the G.I. Act. The court clarified that the statute clearly outlines the legal path for redress when a protected geographical indication is infringed.
The court noted that when a mechanism for dispute resolution is specifically provided under a statute, that mechanism must be exhausted. By attempting to bypass the standard civil suit process via a PIL, the petitioners were misapplying the scope of judicial intervention.
The High Court’s ruling included several pointed observations regarding the appropriate use of judicial authority:
The court dismissed the PIL but left the door open for the rightful owners of the GI tag to pursue their own legal remedies. By ruling that the dispute must be settled through traditional civil litigation rather than a PIL, the court affirmed that Intellectual Property (IP) disputes involving large-scale organizations must follow established procedural norms.
This decision serves as a significant precedent for similar cases in the future: while the protection of India's cultural heritage and GI-tagged products remains critical, the court maintains that the law requires aggrieved parties—or their authorized representatives—to proactively seek justice through appropriate, evidence-based legal channels rather than relying on the broader, more limited lens of public interest litigation.
Geographical indication - Intellectual property - Artisan livelihood - Statutory remedy - Trademark infringement
#GeographicalIndication #PublicInterestLitigation
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