Geographical Indications & Traditional Knowledge

CIA III - Research Report

Topic – Darjeeling Tea

Submitted To:
Mr. Pritam Kumar Ghosh
Faculty, School of Law
Christ (Deemed to be) University

Submitted By:
Siddhil Shah – 2050436
Student, School of Law – 9 B.B.A LL. B “A”
Christ (Deemed to be) University
Introduction: History and Origin of Darjeeling Tea 1 and Its Geographical Indication (GI)
Status

Darjeeling Tea, often referred to as the "Champagne of Teas," has a rich history that began in
the mid-19th century. The cultivation of tea in Darjeeling can be traced back to 1841, when Dr.
A. Campbell, a British civil surgeon, planted tea seeds in Darjeeling's cool climate as an
experimental initiative. These tea seeds, sourced from China, thrived in Darjeeling's distinctive
geographical conditions, which include high altitudes (ranging between 600 to 2,000 meters
above sea level), cool temperatures, misty weather, and well-drained soils. The interaction
between these factors and the region’s indigenous flora led to the production of a unique tea
with a characteristic light body, floral aroma, and delicate muscatel undertones.

By the mid-1850s, the experimental plantations had expanded into large-scale commercial tea
estates, cementing Darjeeling's reputation as a producer of premium tea. The international
demand for Darjeeling Tea rapidly grew, not just for its flavor but also for its rarity and
association with a particular terroir. However, this growing demand also triggered challenges
in the form of counterfeiting and the misrepresentation of tea from other regions being sold
under the "Darjeeling" name.

In response to these challenges, efforts to protect the integrity and reputation of Darjeeling Tea
culminated in it becoming the first product in India to receive a Geographical Indication (GI)
tag in 2004. The GI status ensures that only tea grown in the legally defined geographic area
of the Darjeeling district, produced using traditional methods, can be labeled as "Darjeeling
Tea." The GI recognition is vital for protecting the authenticity of Darjeeling Tea in global
markets, providing legal safeguards against misappropriation, and preserving the rich cultural
and historical legacy of this renowned tea.

Government Bodies Overseeing GI Registration

The Geographical Indications Registry, under the Department for Promotion of Industry
and Internal Trade (DPIIT) within the Ministry of Commerce and Industry, is the central
authority overseeing the GI registration process in India. The registry operates under the
Geographical Indications of Goods (Registration and Protection) Act, 1999, and plays a

1
Tea Board of India. Darjeeling Tea
[Link]
pivotal role in granting GI tags, examining applications, and protecting the rights of producers
from misrepresentation and unfair competition.

For Darjeeling Tea, the Tea Board of India, a statutory body under the Ministry of Commerce,
plays a key role in managing and overseeing the GI status. It ensures that the defined
geographical boundaries and quality standards are adhered to, protecting Darjeeling Tea from
counterfeit products and ensuring that only genuine Darjeeling Tea produced in the designated
region can use the GI label.

Functions and Responsibilities

The Geographical Indications Registry performs several important functions, including:

1. Registration: The Registry is responsible for processing and registering applications

for GI protection. It evaluates whether the goods meet the standards outlined by the GI
Act and if they possess qualities linked to the designated geographical region.

2. Examination and Objection Handling: Applications are thoroughly examined for

completeness and compliance with the legal and technical requirements. The Registry
also facilitates an objection process where any third party can challenge a GI claim.

3. Enforcement: Once registered, the GI tag is legally protected. The Registry enforces
this protection, ensuring that only producers from the specific region can use the GI
label.

4. Renewals: GI registrations are valid for ten years and are renewable thereafter. The
Registry handles the renewal process to ensure continued protection.

For Darjeeling Tea, the Tea Board of India plays an active role in maintaining the quality and
authenticity of the tea. It conducts inspections, monitors compliance, and takes legal action
against unauthorized use of the GI tag. The Tea Board works closely with tea estates to ensure
that Darjeeling Tea is produced using traditional cultivation methods within the designated
geographical boundaries.

Step-by-Step Process for Registering a GI2

2
Legislative Department, Ministry of Law and Justice. (1999). The Geographical Indications of Goods
(Registration and Protection) Act, 1999. India Code.
[Link]
 1. Prepare the Application: The applicant must compile detailed information, including
a statement of the case, a description of the product, defined geographical boundaries,
and quality control measures that distinguish the product from others.

2. Submit the Application: The application is submitted to the Geographical Indications

Registry, either electronically or in physical form.

3. Examination of Application: The Registry examines the application to ensure it meets

the necessary legal and technical requirements, ensuring the product qualifies for GI
protection.

4. Objection Process: If the examiner raises any objections, the applicant is given an
opportunity to address them. Once the application is published in the GI Journal, third
parties also have the right to file oppositions to the registration.

5. Registration: If no objections or oppositions are raised, or if the applicant successfully

resolves them, the GI is registered.

6. Issuance of Certificate: Once registered, the GI certificate is issued, valid for 10 years
and subject to renewal.

Required Documentation

 Statement of Case: Describes the unique qualities of the product linked to its
geographical region.

 Geographical Map: Delineates the boundaries of the region where the product is
produced.

 Quality Control Information: Details the processes in place to ensure the product
meets specific quality standards.

 Affidavit: A sworn statement confirming the product’s adherence to the defined

standards and its unique characteristics.

Legal Challenges in GI Registration

1. Defining Boundaries: One of the most common challenges in GI registration is

accurately defining the geographical boundaries where the product is produced,
especially in regions with shared or overlapping production methods.
 2. Proving Uniqueness: Demonstrating that the product's distinctiveness is tied to its
geographical origin can be a difficult task, particularly when dealing with commodities
like tea or wine, which are produced in various parts of the world.

3. Counterfeiting: The presence of counterfeit products or similar goods produced

outside the defined region using the same name remains a persistent issue. This is
particularly relevant in international markets where enforcement of GI rights may be
less stringent.

4. Opposition from Third Parties: Rival producers from neighboring regions or

stakeholders with similar interests may challenge a GI application, claiming potential
market confusion or overlap.

Case Study: Darjeeling Tea and Its GI Registration

The Importance of GI Registration for Darjeeling Tea

The GI registration of Darjeeling Tea in 20043 was a landmark development in the protection
of Indian agricultural products. As the first product in India to receive a Geographical
Indication (GI) tag, it established a precedent for the protection of products closely linked to
their regions of origin. Darjeeling Tea is globally renowned for its unique flavor, aroma, and
quality, which stem from the distinct agro-climatic conditions of the Darjeeling district in West
Bengal. The GI registration was essential for protecting the authenticity of Darjeeling Tea,
safeguarding it from counterfeit products, and maintaining its premium value in global markets.

Before GI protection, a large portion of the tea sold under the name "Darjeeling Tea" globally
did not actually originate from the Darjeeling region. It is estimated that while around 10,000
metric tonnes of tea were being sold globally under the "Darjeeling" label, the region only
produced around 8,000 metric tonnes annually. This mismatch highlighted the extent of
counterfeiting and misrepresentation, which threatened the tea's brand and its long-standing
reputation for quality.

The GI status provided Darjeeling Tea producers with exclusive rights to the use of the
"Darjeeling" name, ensuring that only tea produced in the defined geographic region under
specific cultivation methods could be marketed as Darjeeling Tea. It also enabled the Tea Board

3
Geographical Indications Registry. Application details: Darjeeling Tea. Intellectual Property India.
[Link]
of India to enforce these rights both domestically and internationally, preserving the integrity
of the product.

Challenges Faced in Securing GI Protection

1. Counterfeiting and Misuse of the "Darjeeling" Name: One of the primary

challenges was combating the widespread misuse of the "Darjeeling" name by
producers who were not from the region. The presence of counterfeit Darjeeling Tea in
both domestic and international markets significantly impacted the revenue and
reputation of authentic Darjeeling Tea producers.

2. Global Enforcement: While GI protection under Indian law provided strong

safeguards domestically, enforcing GI rights in foreign markets was more challenging.
Different countries had varying levels of recognition for GIs, and international legal
frameworks for protecting GIs were still evolving. In many cases, producers in other
countries continued to misuse the Darjeeling name without facing significant legal
consequences, making global enforcement a priority for the Tea Board of India.

3. Costs and Bureaucratic Hurdles: Registering and maintaining GI protection involved

significant costs for producers, who had to navigate bureaucratic procedures to ensure
compliance with quality and geographic standards. Additionally, the Tea Board of India
faced the challenge of educating and encouraging small tea growers to participate in the
GI process, ensuring that the benefits of the GI tag reached all stakeholders.

Key Legal Challenges4

1. Tea Board of India v. ITC Ltd. (2011)

The Tea Board of India v. ITC Ltd. case was a notable domestic legal challenge that arose in
2011. ITC Ltd., a major Indian conglomerate, was using the name "Darjeeling Lounge" for its
tea lounges, which the Tea Board claimed infringed upon the GI tag of Darjeeling Tea. The
Tea Board argued that the use of the word "Darjeeling" for any product other than authentic
Darjeeling Tea would dilute the brand's reputation and confuse consumers.

The court ruled in favor of the Tea Board, emphasizing the importance of GI protection and
reinforcing the exclusive rights of the Darjeeling Tea producers to use the name. This case was

4
Baid, D. (2021). An analysis of geographical indication in Darjeeling Tea. International Journal of Creative
Research Thoughts, 9(3), 2325-2331. [Link]
a significant victory for the Tea Board, as it established a precedent for protecting the GI tag
from misuse in the domestic market.

2. Tea Board of India v. Delta Lingerie SA

In the Tea Board of India v. Delta Lingerie SA case, the Tea Board sought to protect the
Darjeeling GI from misuse by the French lingerie brand Delta Lingerie, which was using the
"Darjeeling" name for its line of lingerie. The Tea Board argued that the use of the "Darjeeling"
name for non-tea products, particularly in a non-food industry, diluted the association of the
name with the renowned tea and diminished its value.

The Tea Board initiated legal proceedings in the European Union, where GI protections are
recognized under the TRIPS (Trade-Related Aspects of Intellectual Property Rights)
Agreement. The court ruled in favor of Delta Lingerie, concluding that the use of "Darjeeling"
for lingerie did not infringe upon the GI protection of Darjeeling Tea, as the two products were
from entirely different sectors and posed no risk of consumer confusion.

While the Tea Board’s attempt to enforce its rights in this case was unsuccessful, the litigation
highlighted the complexities of enforcing GI rights in international jurisdictions and the need
for legal frameworks that adequately address cross-sectoral use of geographical names.

3. Bulgari's Darjeeling Scent Case

Another significant legal challenge occurred with Bulgari, the luxury perfume brand, which
launched a scent called "Bvlgari Eau Parfumée au Thé Vert - Darjeeling Tea" as part of its tea-
inspired fragrance collection. Although the fragrance contained no actual Darjeeling Tea, it
used the name "Darjeeling" to evoke a sense of luxury and exclusivity, capitalizing on the
global reputation of Darjeeling Tea.

The Tea Board of India filed a case against Bulgari, arguing that the use of the name
"Darjeeling" for a fragrance diluted the brand's association with tea and could confuse
consumers. The Tea Board sought to protect the GI status of Darjeeling Tea from such
misappropriation in non-related industries. However, this case, much like the Delta Lingerie
case, exposed the limitations of GI protections when it comes to enforcing the use of
geographical names outside of their specific product categories.

These legal battles underscore the challenges in maintaining the exclusivity of the Darjeeling
Tea GI across different sectors and jurisdictions. They also highlight the broader issue of how
GIs, originally designed to protect products like wine and cheese, need to adapt to new
industries such as fashion and cosmetics.

Importance of GIs in the Context of Darjeeling Tea

The GI registration of Darjeeling Tea underscores the critical role Geographical Indications
(GIs) play in protecting products that are intrinsically tied to their region of origin. For
Darjeeling Tea, GIs have been particularly significant in several ways:

 Protecting Regional Heritage: Darjeeling Tea is not just a product; it is a cultural

symbol of the Darjeeling region in West Bengal, India. The GI tag safeguards the
authenticity of this tea, ensuring that only tea grown in the specified geographical
region, with its distinct climate and terrain, can be marketed as "Darjeeling Tea." This
protects the rich heritage and historical association of the region with the production of
high-quality tea, preventing misuse of the name by producers outside Darjeeling.
 Promoting Economic Growth: The GI status enables Darjeeling Tea producers to
command higher prices in both domestic and international markets due to its exclusivity
and premium quality. This, in turn, has had a significant economic impact on the tea
industry in Darjeeling, providing better livelihoods to local tea farmers and workers.
The premium associated with authentic Darjeeling Tea boosts the local economy by
fostering tourism and creating opportunities for branding and marketing.
 Preserving Traditional Knowledge: The production of Darjeeling Tea involves
traditional cultivation and processing methods, passed down through generations. The
GI protection encourages producers to maintain these traditional practices, ensuring the
preservation of the region’s unique knowledge and craftsmanship. This is not only vital
for maintaining the tea’s quality but also for sustaining the region’s cultural and
historical identity.
 Combating Counterfeiting: Prior to receiving GI protection, a large amount of tea was
falsely labeled as "Darjeeling Tea" despite being produced elsewhere. This
misrepresentation diluted the brand and reputation of Darjeeling Tea. With the GI tag,
the Tea Board of India can legally enforce the protection of the Darjeeling name,
preventing counterfeit products from being sold under the same label. This assures
consumers that they are purchasing authentic Darjeeling Tea, protecting the integrity of
the product and ensuring that profits flow back to the rightful producers in the region.
Future Outlook and Recommendations

To ensure the continued success and protection of Darjeeling Tea's GI status, several steps can
be recommended:

 Stricter Enforcement: The Tea Board should intensify efforts to protect the GI status
from misuse, particularly in international markets where counterfeit products continue
to pose a challenge.

 Climate Adaptation: Given the growing concerns about climate change affecting tea
production, it is essential to encourage sustainable agricultural practices among tea
growers to maintain the unique growing conditions of Darjeeling.

 Market Expansion: There is potential for Darjeeling Tea to tap into new international
markets by emphasizing its GI protection and premium quality, backed by effective
branding and marketing strategies.

Conclusion

The registration of Darjeeling Tea as a GI product marks a significant achievement in

preserving the heritage, quality, and reputation of one of India's most celebrated agricultural
products. Through coordinated efforts between government bodies like the Geographical
Indications Registry and the Tea Board of India, Darjeeling Tea remains protected from
imitation and continues to thrive as a symbol of Indian excellence in the global market. The
economic and cultural significance of Darjeeling Tea underscores the importance of robust GI
protection mechanisms, both domestically and internationally, ensuring that this treasured
product continues to represent the best of Indian craftsmanship for generations to come.