Evaluating the Limits of Indian IPR Frameworks in Protecting Traditional Crafts Against Global Fashion Appropriation

This comprehensive research paper critically examines the adequacy of India’s intellectual property rights (IPR) frameworks in safeguarding traditional crafts from appropriation by the global fashion industry. Despite possessing rich legislative instruments including the Geographical Indications of Goods (Registration and Protection) Act 1999, the Designs Act 2000, the Copyright Act 1957, and the Traditional Knowledge Digital Library (TKDL), India faces persistent challenges in preventing unauthorized commercial exploitation of its cultural heritage. Through systematic analysis of 30 highly relevant scholarly sources, this paper identifies critical gaps in enforcement mechanisms, limited legal literacy among artisan communities, inadequate international coordination, and fundamental mismatches between Western IPR paradigms and the collective, intergenerational nature of traditional knowledge. The findings reveal that while India has established defensive mechanisms to prevent biopiracy and document traditional knowledge, proactive protection against fashion appropriation remains weak. The paper concludes with recommendations for sui generis legal frameworks, enhanced international treaties, digital certification systems, and community-centered protection models that balance innovation with cultural preservation.