‘You are not the owners?’: Bombay high court rejects PIL of ‘cultural theft’ allegation against luxury brand Prada for copying Kolhapuri chappal design

The Bombay High Court docket on Wednesday brushed off a petition that become filed in opposition to the illustrious Italian trend tag Prada. The petition claimed that Prada had old the invent of Kolhapuri chappals (musty Indian sandals) with out permission. The case become introduced by five lawyers, who stated Prada copied the invent of their spring/summer season collection and become selling sandals that explore correct like Kolhapuri chappals for Rs. 1 lakh per pair.

Court docket questions the petitioners

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne requested the petitioners why they had filed the case. The judges stated, “You are now no longer the owners of the Kolhapuri chappals. So what is your connection to the concern? What public hobby are you maintaining?”

The court docket explained that most productive any individual that's straight affected, like the legitimate owner or registered holder of the GI (Geographical Indication) put for Kolhapuri chappals, has the accurate factual to file this kind of case.

What the petition stated?

The petition claimed that Kolhapuri chappals are protected beneath the Geographical Indications Act, which manner their name and invent can now no longer be copied with out permission.

But the court docket stated that most productive the registered owners of the GI put can rob acceptable action to give protection to the product.

It's a ways to be illustrious that the Kolhapuri Chappal, registered beneath Software No 169 in Class 25 (Shoes), become officially granted Geographical Indication divulge on May 4, 2009.

It become renewed in 2019 and is precise till 2029. The petition described it as a “handcrafted shoes, produced the utilization of musty programs passed down over generations in the gap of Maharashtra.”

The petitioners stated that making a pair of Kolhapuri chappals is a talented and time-engaging craft. It in total takes about four to 5 weeks to whole correct one pair. The technique entails careful, detailed work by artisans, a good deal of whom were carrying forward this 800-year-frail musty art in India.

The petition also stated that Prada’s exhaust of a the same invent become now no longer correct copying, it become hurting Indian custom. It referred to Article 29(1) of the Indian Structure, which protects the factual of communities to preserve their odd cultural heritage.

The lawyers argued that Kolhapuri chappals are extra than shoes as they are a symbol of Indian custom and craftsmanship.

To boot to asking the court docket to pause Prada from the utilization of the invent, the petition also requested for compensation. They stated the enviornment tag’s actions had precipitated each and every reputational and financial damage to the Indian artisans who assemble these chappals by hand.

Final Decision

The court docket stated it could most likely give a detailed written picture later, nonetheless for now, it has brushed off the case. The judges made it sure that correct being involved voters is now no longer ample to file this kind of petition, seriously when the actual product owners had now no longer attain forward.