The counterfeit footwear market in India has gained fresh attention in 2025. Birkenstock, the German footwear brand, filed a lawsuit in Delhi High Court against traders and factories in Agra and Delhi. They were accused of producing sandals that closely resembled Birkenstock’s registered designs. The court ordered raids and seized large quantities of fake sandals. Temporary injunctions were issued to stop the sale and manufacture of these counterfeit goods. The next hearing is scheduled for October 6.
Birkenstock’s Legal Action and Market Impact
Birkenstock is known for its cork footbeds and minimalist design. Its popularity surged after being featured in the 2023 film Barbie. The brand’s retail prices in India range between Rs 5,000 and Rs 20,000. However, counterfeit sandals selling for Rs 1,000 are common in markets like Agra’s Sardar Bazaar and Delhi’s Palika Bazaar. The legal action marks efforts by global brands to protect intellectual property in India.
The ‘First Copy’ Phenomenon in India
India is a major hub for counterfeit fashion goods. These ‘first copies’ or ‘dupes’ replicate luxury products at a fraction of the price. A large portion of Indian consumers desire branded goods but remain price sensitive. This creates a strong demand for counterfeit items. Markets and online platforms widely distribute these goods. The informal retail sector, with street markets and small shops, plays a key role in this trade.
Global and Domestic Reports on Counterfeits
The OECD and EU Intellectual Property Office named India as a key source of counterfeit goods globally. A 2022 CRISIL-ASPA study found 31% of Indian consumers knowingly buy counterfeit products. Apparel and footwear are the most common categories. Counterfeit goods constitute about 25-30% of India’s retail market. Digital platforms such as Instagram and WhatsApp have increased the reach of counterfeit sellers.
Artisans, Design Rights and Market Dynamics
India’s traditional artisan hubs like Agra have skilled labour producing leather goods. Sometimes these artisans are involved in making lookalike products for local or export markets. The Prada-Kolhapuri sandal controversy exposed challenges artisans face in protecting designs internationally. While large brands can pursue legal remedies, small artisan communities often lack resources to safeguard their work.
Legal Framework for Intellectual Property Protection
Indian law provides protection under the Trademarks Act, 1999, and the Designs Act, 2000. These laws allow brands to seek injunctions, seize counterfeit stock, and take legal action. However, enforcement remains difficult due to the scale of informal markets and online sales. The balance between protecting innovation and supporting artisans remains a complex issue.
Questions for UPSC:
- Taking example of India’s counterfeit goods market, discuss the challenges in enforcing intellectual property rights in developing economies.
- Examine the role of informal retail sectors and digital platforms in the proliferation of counterfeit products globally.
- With suitable examples, discuss the impact of globalisation on traditional artisans and their intellectual property rights.
- Critically discuss the effectiveness of Indian legal frameworks like the Trademarks Act, 1999 and Designs Act, 2000 in protecting domestic and international brands.
