The Geographical Indications of Goods
(Registration & Protection) Act, 1999
In the Matter of an aPPlication
by Tea Board, h.rdia for
registration of DARJEELING
& Woman Device
(Darjeeling logo) as a
geographical indication in
class 30.
STATEMENT OF CASE
1. Tea Board, India (hereinafter referred to as "the Board") is a
statutory authority of the Government of India establishecl in 1953
under the Tea Act of 1953 for the purpose of controlling the Indian
tea industry.
2. The district of Darjeeling is situated in the state of West Bc'ngal.
Since about 1835, tea has been cr"rltivated, grolvn anrl proclr-rced in
certain te;i gardens located in the hilly areas rvithin the sai.l rlistlict.
Attached as Annexure-A hereto is the relevant extract of Cazetteer
of the Darjeeling District by Arthur jules Dash publishecl in 7917.
Chapter VI of the said Gazetteer describes the history of the tea
industry in the district of Darjeeling.
3. Currently, ihere are BZ gardens located within the said district
cultivating, growing or producing Darjeeling tea. The clistinctive,
exclusive and rare character of Darjeeling tea is the result of several
factors. The tea gardenb are situated at elevations from 610 to 213:l
meters on steep slopes which provide ideal natural drainage for the
ljenerolls rainfall the district receives. Couplec-l rvitl'r this, tl're
intermittent cloud and sunshine combine to in-rpart tlre ttnicpe
tea. Attached as Annexure-B hereto is a
character of Darjeeling
copy of the map of the district of Darjeeling with a list of the
Darjeeling tea producing gardens. At the time when the ntap was
drawn, there were 82 gardens and, as a resttlt ol reconltgurattoll or
the same, these have now been constitr-rted into 87 galdens, a ctrrrer"rt
list whereof is attached as Annexure B-1.
4. The botanical name of the Darieeling tea plant is "cameilia sinensis".
It is a hardy, mr"rlti stemmed, slow growing everSreen shrub r+'l'rich if
allowecl to, can grow up to 2.5 meters in height' It takes '1 to 6 years
to matrlre and is known to have an economic life of well over 100
years with good care. It is able to withstand severe winters'
extended droughts and the high altitudes of Darjeeling. The yields
are much lower than non Darjeeling district, rnaking it exPensive to
harvest and produce. The leaves are small, leathery, dark, glossy
green in colour often covered with a downy silvery pubescence'
5. The rare flavonr of Darjeeling tea is a result of combinatiou of plant
ger"res, soil chemistry, eievations, temperature and rainfall r.rnique' to
the Darieeling hills. A set of agricultural practice has Lreen
d.evelopecl to sr,rstain growth of shoots, while maintainir-rg btrsh
heights suitable for manual plucking. Ph,rcking tregins irr March
and closes by late November; the cold winter months of Decelrrbet'
to February are a period of dormancy. A Darjeeling tea br"rsh yielcls
only 100 gms of made tea in a year. Each kilogram of fine tear
consists of more than 20,000 individual hand picked shoots' This
gives an idea of the extent of human effort irrvolved in its
proclnction.
6. Darjeeling tea leaves are processed in the traditional "Orthoclox"
wav. The inherently sensitive natttre of the finely pltrcked, green
leaf responds best to gentle treatment. Although difiering leaf
varieties reqttire intricate var.iations in ploccssing, these stages
undergone are uniforrn.
it is "withered". The object is ttr
Once the leaf reaches the factoly,
evaporate moisture from the leaf slowly over a period of 14 to 16
rolling under pressrlre without crumbling. Liquor cha rac tt'ris tics
also begin to develop following physical and chemical changes
within the leaf structure. The green leaves are segregated accorcling
to type and spread erlenly on wire mesh screens fitted over specially
designed 'troughs' which resemble very long wooden boxes' Eacl-r
such trough is an air chamber which enables fresh dry air to tre
passed in a regulated manner through the green leaves till the
desired "witl-rer" is achieved. In Darjeeling processing
approximately 65% of the water content in the green leaf is removed
at this stage.
The withered leaf is then removed from the trough and loaded ir.rto
rolling machines, which, by subjecting the witl-rered leaf to a rolling
movement under pressure, twist the leaf, rtlpture the cells and
release the natural juices, promoting oxidation and accelerating tl're
pigmentation. Rolling pressllres and sequences are very
meticulously supervised to ensure that the optirnum style is
imparted, without the cletrimental effect of overheating.
Next, the leaf is thinty spread in a cool, well ventilateci room to
slowly oxidize (ferrnent). This stage, in vvhich the flavanols combine
in the air,. develops the unique flavortr of Darieeling
rn'ith oxygen
Tea over a period ranging from two to four hottrs, nrainly
depending on ambient temperatttre and left pecligree. The
experienced tea maker judges the extent of qr-rality development
from the fragrance progressively expressed by the leaf at regular
intervals. This sensory judgment is critical to the quality of the
infused liqnor. For the visitor, the ricl-r floral aroma emanating fror-rr
a Darieeling rolling and fermenting room is heady, alrnost
intoxicating and definitely unforgettable. q7
Once optimum fermentation has been achieved, the rolled lea i is
taken for firin6; (or drying) to arrest fr-rrther fermerrtatiorr by
deactivating the enzymes, and to remove almost all of the rernaining {*.5)
moisture in the leaf. The Tea Dryer is a chamber which exPt'rscs tlic
fennentecl leaf to hot clry air at regulated, varying teml'rer.r trtl es
within its parts, for a duration of 20 to 30 minutes' A good file
reduces moisture content in the final product to abotit 27o, resulting
in crisp dry tea whibh is then graded thlough vibrating meshes
according to size. These grades are finally invoiced and packecl in
foil iined packages designed to retain freshness and quality over an
extended period of time.
After final gracling has been completed, nomenclatures are assignecl
according to the size of the grade. These fall into three categories
a) Whole Leaf -FTGOP- Fine Tippy Golden Flowery Orange
Pekoe,
b) Brokens - TGBOP - Tippy Golder"r Broken Orange Pekoe'
c) Fannings - GOF -Golden Orange Fannings'
The. above gradations relate only to the size of tl-re leaf aud not tt'r
quality differentiations. All grades are the product ol the sarne
green leaf. In addition to these nomenclatrtres, occasionally sr'rifixes
strch as China-(ch), Clonal-(cl), Special-(spl) etc., may be irrcluded, as
per the practice of individual garder-rs. Sornetimes gardens add a
ntrmeral "1" after the grade name. The smaller Brokens and
Fannings are generally r.rtilized in tea-bag5. Recently ner'r'
technology has resulted in tetrahydral tea-bags which acceprt larger
crades as well.
Sorne estaies are cnrrently producing small quantities of greerr ancl
oolong tea variations, which have been very well received.
0r;
7. Dr.re to the unique and cornplex combination of agro-climatic
conditions prevailing in the region comprising the said 87 garciens
rvithin the district of Darjeeling and tire production regtrlations
imposed by the Boarcl, tea prodr-rced in the said region has the
clistinctive and nafurally occurring organoleptic characteristics of
taste, aroma and mouth feel which have won the patronage and
recognition of discerning consLrmers all over the rvolld'
Consequently, the tea produced in the said region anc-l having the
said special characteristics, is and has for long being knon'n to the
trade and the public in India and abroad as Darjeeling tea and as
such it has acquired substantial domestic and international
reputation. Any member of the trade or ptrblic in India or abroad
ordering Darjeeling tea or seeing tea advertised or offered fol sale as
Darjeeling r.r,ill exPect the tea so ordered, advertised or offeled for
sale to be the tea cultivated, grown and produced in the aforesaicl
region of the Darjeeling district and having the aforesaid special
characteristics.
Attached and coilectively marked as Annexure-C hereto are the
relevant extracts from _certain prominent and v"ell knolvn
dictionaries, defining Darjeeling as a geograPhical region in lnclia
famous for fine black tea grown there.
8. Consequently, while the name "Darjeeling" is purely descriptive of
the district of Darieeling in the state of West Bengal, it has acquired a
special tniqtteness, reputation and goodwill in the public rnirrd
when used in relation to tea produced in the aforesaid region of the
said district so that the right to attach it to such tea forms part of the
goodwill of all those who are duly associated with the said region'
9. In an endeavour to Promote Darieeling tea as a premium tea, the
Board had as far back as 1984 designed the following logo:-
q\
The aforesaid logo is a distinctive e)'e aPPealing anci stylized @
representation of an Indian woman holding tea leaves in a
rounclel. Tire woman design element has a stylized circular ear ring
and a nose stud. The'word mark "Darieeling" skirts the left portion
of the roundel. All these elements blencl into and constitr-rte the
Darjeeling logo.
l0.Ever since its creatiory the Board has administered the use of the
Darjeeling logo to ensure that it is applied only to such tea as has
been certified by the Board as conforming to the standards and
characteristics of Darjeeling tea laid down in this behalf. wllile in
use, the Darjeeling logo has always appeared on packaging
cartons/chest under due approval of the Board'
11. The Board on its own and in association u'ith the Darjeeling
Planters' Association which is a body of Darjeeling tea planters, has
taken various stePs to promote and protect the Darjeeling logo
inchrdi.g organizing exhibitions/trade fairs, prod*cing pro'rotio.al
films on the teas administered by the Board, publishing and
distributing information brochures and materials in variotts
languages including English, German, Japanese etc.
12.With a view to obtaining statutory protection for the Darieeling logo
worldwide, the Board has registered it as a certification mark in
India, U.K., Canada and U.S.A. Further, the Board has registered
the Darjeeling logo as a collective mark under the Matlrid
Agreement covering the following countries:
Gernmny, Attstria, Spain, France,Italy, Portugal, Stttitzerlntttl nrul lbrnrrr
Y ttgoslaaia .
The other countries where the Darieeling logo has been registered
are japan and Egypt. dS
l1
A copy of the certificate of registration of the Darjeeling logo as @
^
certification mark with the Trade Marks Registry tn India is
attached hereto and marked as Annexure-D.
13.The objects of the Board are to offer the consumers a gnarantee of
quality by means of use of "Darjeeling logo", to regulate the
production and cultivation of tea in India, to improve its quality, to
encourage research to regulate the sale and export of tea, to provide
training in tea tasting and fixing grade standards of tea, artd
improving the marketing of tea in India and elsewhere.
14.The Board is not involved in the manufactnre of anv product and is
run on a non-profit making basis.
15.The tea industry has been under the control of the Central
Government since 1933. Originally, the Indian Tea Act of 1933 was
enacted. Being a temporary enactment, it lapsed by efflux of time.
In 1938, a permanent enactment was passed whose object was the
control of the export of tea and extension of the cultivation of tea.
Tlre Tea Board Act of t949 came to be passed with the object of
development of the tea indr"rstry under the control of the Central
Government. Since the objects of the 1938 and 1949 Acts were
interrelated, it was proposed that there should be a single Act
containing the provisions of the two Acts. With a view to achieving
the said objectives, the Tea Act, 1953 came to be passed on May 28,
1953.
16.In pursuance of its statutory duties under the Tea Act, 1953 and its
predecessor statutes, the Board has been implementing a
certification program for regulation and control of all teas
administered by it including Darjeeling tea. The certification
program undertaken by the Board has been in existence for a long
time and the Board has taken periodical steps to refine and improve Ab
the same in response to thr: t:r'r'lving dvnamics of corrsrrmer
expectations from time to time. Today, the certification Program (:'@
involves various stages right from the production stage to the export
of Darjeeling tea to oversea markets. At the production level, all the
87 gardens producin$ Darjeeling tea are registered with the Board
and are required to seek prior approval of the Board for planting tea
seeds or extension of area under cultivation. The Board has been
regularly monitoring these gardens by making periodical checks and
inspections. Every single invoice of tea produced by the aforesaid
87 gardens is sent to the Board, detailing grades, quantity ancl chest
nr-rmbers,
From the tea gardens, tea is sent to the warehouses for onward sale
to the ultimate buyers. These warehouses are registered with the
Board under the Tea Warehouses Licensing Order. The channels of
distribution are broadly divided into export, priva te sale arid
auction sale. Tea bought at the auction may either be meant for
export or enter the domestic market. All auction centres and tea
brokers are licensed by the Board inciuding any new attction centre
or broker. The Board has laid down auction norms and rules for
compliance by the auction centers and brokers, and these norms are
enforced through an Auction Committee comprising main br.ryers,
growers and representative of the Board. The tea bought by
wholesellers, retailers, packeteers or exporters are registered with
the Auction Centres. All buyers are registered with the Auction
Committee. All exporters are registered with the Board under the
Tea (Distribution & Export Control) Order.
17. The Board has arrangements whereby testing or confirmation testing
of all Darjeeling tea is carried out by a Panel of Tasters. These tea
tasters are considered competent to evaluate the distinctive
characteristics of Darjeeling tea as a result of many years of practical
training and experience in the assessment of tea and their l'righly
refined sensory perception, in particular, in relation to the sensations
Ats
of smell, taste and mouth feel of different tvpes of iea. This enab'lc's
'o
them to easily recognize the distinctive characteristics associat "o@
with a particular type of tea and thereby accurately analyse the
.' nafure and qtrality of the tea.
18. By virtue of the regulations formulated for administering the
"Darjeeling logo" as a certification mark, the Board has entered into
license agreements with all users of the said logo whose tea samples
are found to conform to the standards and specifications set down in
the regulations.
19.8y virhre of the bonafide adoption, use, publicity and stringent
regulation of the Darjeeling logo, it has acqr-rired substantial public
recogrrition as distinctive of 100% Darjeeling tea administered and
certified as such by the Board. It is respectfully submitted that it is
in the interest of both trade and public that there should be a
registration for "Darjeeling logo" tea as a geographical indication to
ensure that the tea sold under it is recognized as tea prodnced in the
aforesaid 87 gardens of the district of Darjeeling and having the
aforesaid special distinctive and naturally occurring organoleptic
characteristics.
20. Such a registration would assist in enforcing the provisions of the
Geographical Indications of Goods (Registration & Protection) Act,
L999.
.A
Dated this la day of oc-,tob.a ,2003.
Tea Board, India
By their Attorney
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Of &S PARTNERS.
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