GI AND CULTURAL APPROPRIATION : EMERGING FAULTLINES IN IPR

AUTHOR – SHREYASEE BANGA, STUDENT AT ARMY INSTITUTE OF LAW, MOHALI

BEST CITATION – SHREYASEE BANGA, GI AND CULTURAL APPROPRIATION : EMERGING FAULTLINES IN IPR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 90-104, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Geographical Indication (GI)  is a form of Intellectual Property which identifies goods having special geographical origin and possesses qualities or a reputation that are due to that place of origin. They not only protect the economic value of goods but also act as preservers of culture and heritage. With the rapid pace of Globalization, expanding markets and facilitating cross-border trade, tensions exists between GI protection and the issue of cultural appropriation. Cultural Appropriation occurs through misuse, commercialization or re-interpretation of traditional goods without any acknowledgement of their origin or compensation.  This raises questions about the adequacy of IPR laws to safeguard cultural heritage. This article analyses intersection of IPR, specifically GI law with the issue of  Cultural appropriation. It also explores international agreements, mainly TRIPS & Lisbon Agreement and national law, namely Indian GI Act, 1999. Case studies such as disputes over Darjeeling tea, Basmati Rice, Kolhapuri Chappals and Prada illustrates the glaring limitations of current GI laws in preventing cultural misrepresentation and appropriation. The article argues that emerging fault lines stem from cross-border disputes, digital reproduction, e-commerce exploitation, & commercialization. To address these shortcomings, the article proposes integration of GI with Traditional Cultural Expressions protection, Sui Generis laws for indigenous communities and strengthening enforcement and community participation. Ultimately, IPR requires a re-evaluation to ensure that the legal system goes beyond mere name-based protection and establishes the rights of traditional communities to control their heritage and culture.

KEYWORDS : Geographical Indication (GI) , Intellectual Property Rights (IPR), Cultural Appropriation, Traditional Cultural Expressions (TCE) , Sui Generis Laws.