The debut of Prady on Kolhapuri-Inspired Shoes on the Railway in Milan raised questions about legal protection that could be traditional crafts. Now the advocate moved Bombay High Court, who demanded that Prada compensated by local artists. What can the law do?
What did Prada do to upset Indians?
The Italian luxury studio Prada debuted with a couple of leather slippers, allegedly inspired by Kolhapuris at his men’s fashion show in Milan this June. After a public outrage in India, some of what some say is cultural appropriation, Prada acknowledged that the traditional Maharashtra shoes were inspired. Later he promised to join the group Kolhapuri craftsmen at a meeting organized by the Maharashtra Chamber. Now IP rights on IP in PUNE Ganesh Hingmire have submitted a public interest in litigation that required an apology and compensation from Prada for craftsmen who make kolhapuris.
What is the legal argument drink?
Hingimire says that Prada violated the 1999 Indian law on geographical indication (GI). Since 2009, Kolhapuris has had a GI brand in India in India, preventing someone in “replication” or “rebranding” of this heritage without the loan to the original craftsmen. The petition is also asking the High Court to award a court order against the great -ness, preventing him from selling the so -called “sandals at the top” and granting compensation or compensation for craftsmen. It is also said that the Maharashtra authorities have to help craftsmen create their own producers’ association – mandantors for the creators of any GI product.
What is the current state of the case?
The Bombay High Court hears on July 14. Prada’s social responsibility headed that their “ring” sandals were still at an early stage of development and have not yet been confirmed for commercial production. Reps Prada can also encounter craftsmen Kolhapuri in Mumbai to discuss ways to work together on brand design.
What can international law do?
The World Trade Organization recognizes GI in its agreement on the aspects of intellectual property or trips. His articles define and recognize the legal protection of specialized goods such as fruit, tea, textiles and liqueur. However, the trips does not prescribe any punishment for countries or organizations that violate GI brands of goods produced in the WTO Member States. It also protects other international law, the Lisbon Agreement
GI brands and appeals of origin (AO). But India is not a party.
Can the law protect Indian goods?
Yes. At the end of the 90’s and early 2000, the Indian Tea Council successfully sued companies in the US, France, Japan and Russia using the “Darjeeling” trademark in violation of the GI brand, which was on tea grown on the slopes of West Bengal. Hingmire said that Mint India’s fundamental rights also protect Kolhapurian craftsmen from alleged exploitation. However, the Indian courts have not yet directly directly limited the GI brand violation. In addition, Prada did not name his sandals “kolhapuris”, nor officially introduced them.
(Tagstotranslate) Prada
