Prada Leather Sandals – GI Context
Showcased in Prada Spring-Summer 2026 menswear show, Milan.
Origin: 12th–13th century, princely state of Kolhapur under rulers Vidyala
and Shahuan.
Region: Mainly Maharashtra and Karnataka.
Material & Craftsmanship: Made from vegetable-tanned leather (cow,
buffalo, goat), fully handmade, without nails or synthetics.
Cultural Appropriation Issue: Designers often use cultural elements
without giving credit, consent, recognition, or compensation, claiming
ignorance.
GI Recognition: Prada’s 2019
Historical IP & GI Framework
[Link] Venetian Patent Statute, 1474
First law in Europe establishing a statutory patent system.
Inventors of new products granted exclusive rights for 10 years.
Prior to this, patents were granted ad hoc.
[Link] Convention for the Protection of Industrial Property, 1883
First intellectual property treaty, effective 7 July 1884.
Covers Industrial Property, Trademarks, Patents, Industrial Designs.
Member countries are legally bound to provide protection.
[Link] Agreement, 1995
Trade-Related Aspects of Intellectual Property Rights, part of WTO
Marrakesh Agreement. Signed on July 4, 1994
Provides 20-year patent protection for technological and pharmaceutical
inventions.
Legally binding; all WTO members must adhere and provide judicial
enforcement mechanisms.
[Link] Definition & Legislation
Defined under Article 22 of TRIPS.
Geographical Indications of Goods (Registration and Protection) Act,
1999, effective 2003 in India.
Paris Convention also emphasizes GI protection (Article 1, brackets 2 and
10).
GI Registry: Chennai, Tamil Nadu; under Department of Promotion of
Industry and Internal Trade, Ministry of Commerce.
Validity: 10 years, renewable.
Infringement: Both civil and criminal liability; appeals possible.
Compulsory Licensing allows a government to permit someone other
than the patent holder to produce a patented product without the consent of
the patent holder, usually to protect public interest, health, or prevent
abuse of patent rights.
Legal Basis in India:
Sections 84–92 of the Indian Patent Act, 1970 (amended 2005, to comply
with TRIPS).
Section 84: Any interested party can apply for CL after 3 years of patent
grant if conditions are met.
Conditions to grant CL:
1. Reasonable public demand is not met.
2. The patented product is not available at a reasonably affordable price.
3. The patent is not being worked in India.
4. National emergency, circumstances of extreme urgency, or public health
crisis.
Landmark Case:
Natco Pharma vs Bayer (2012)
Natco applied for CL for Bayer’s patented cancer drug Nexavar.
Granted because:
Drug price was very high (unaffordable).
Limited availability in India.
Public health emergency justified CL.
Evergreening is the practice of extending the patent life by making minor
changes (e.g., new dosage, form, or molecule derivative) without
significant therapeutic benefit.
Prevents generic drug entry, keeping prices high.
Legal Provision to Prevent Evergreening:
Section 3(d) of the Indian Patent Act:
Patents cannot be granted for minor modifications of known substances
unless they significantly enhance efficacy.
Example: The Bayer case, patent challenged under Section 3(d) before CL
was issued.
When CL can be issued:
Drug or product unaffordable or unavailable.
Patent holder not manufacturing/working in India.
Public health crisis (e.g., cancer drugs, HIV/AIDS, pandemic situations).