From Names to Motifs Reassessing the Territorial Limits of Indian Geographical Indications in the Era of Global Luxury Branding (Post Prada 2025) Sonal Shukla

From Names to Motifs: Reassessing the Territorial Limits of Indian Geographical Indications in the Era of Global Luxury Branding (Post-Prada 2025)

ABSTRACT

This paper examines the growing tension between Geographical Indications (GIs) as collective intellectual property rights and the commercial practices of global luxury brands. Using the 2025 Prada–Kolhapuri controversy as a focal point, the study critiques the territorial and doctrinal limitations of the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999. While the statute effectively safeguards geographical names, it fails to address the unauthorized use of underlying design elements, creating a significant protection gap.

Through a doctrinal analysis of key case law and international frameworks, this paper identifies a structural shift in intellectual property disputes—from the misuse of names to the extraction of aesthetic and cultural motifs. It argues that the existing GI regime, grounded in territoriality and name-based protection, is inadequate in a globalized digital economy where design elements circulate freely across borders.

The paper proposes a multi-layered reform strategy, including the recognition of Traditional Cultural Expressions (TCEs), enhanced international registration mechanisms, and the adoption of technology-driven traceability systems. It concludes that India must transition from a defensive model of cultural preservation to an assertive framework of global intellectual property enforcement.

KEYWORDS

Geographical Indications; Design Appropriation; Traditional Cultural Expressions; Territoriality; Global Luxury Branding; Indian IPR