2. What are geographical indications?
• Link a product to a particular region
• Indicate qualities, attributes, reputation associated
with geographic origin
• Suggest connection to region’s inherent characteristics
(e.g., soil, climate, etc)
• May also imply production skills/processes associated
with region
• Examples: Feni (liquor) from Goa, Paithani and Banaras
saree, Kanchipuram silk saree, Nagpur oranges,
Alphonso Mangoes (many other varieties), Kolhapuri
chappals, Lonavala Chikki, Tirunelveli Halwa,foodstuffs
like Mysore rasam and many others
7. At international level:
Columbia Columbian coffee
India Basmati (rice)
Greece Ouzo (spirit)
France Champagne (sparkling wine),
Roquefort (cheese)
Mexico Tequila (spirit)
Italy Parma ham
Switzerland Etivaz, Gruyere (cheese)
Portugal Port (wine)
8. Why are geographical indications
valuable?
• GIs are a marketing tool
• Reputation for quality associated with place name used
on labels, advertising
• GI-identified products are believed to command higher
prices
• Of particular interest to developing countries
• In short, people purchase these products simply for
their qualitative properties attributing the same to their
geographical origin. From ancient times every region
had its claim to fame for its products for example
Arabia for horses, China for its silk, Dhaka for its muslin,
Venice for glass, India for its spices and so on.
10. What is Darjeeling Tea?
• According to Darjeeling Planters Association, "Darjeeling Tea is the
World’s most expensive and exotically flavoured tea. Connoisseurs
will assert that without Darjeeling, Tea would be like Wine without
the prestige of Champagne".
• Tea which has been cultivated, grown, produced, manufactured and
processed in tea gardens (current schedule whereof is attached
hereto) in the hilly areas of Sadar Sub-Division, only hilly areas of
Kalimpong Sub-Division comprising of Samabeong Tea Estate,
Ambiok Tea Estate, Mission Hill Tea Estate and Kumai Tea Estate
and Kurseong Sub-Division excluding the areas in jurisdiction list
20,21,23,24,29,31 and 33 comprising Subtiguri Sub-Division of
New Chumta Tea Estate, Simulbari and Marionbari Tea Estate of
Kurseong Police Station in Kurseong Sub-Division of the District of
Darjeeling in the State of West Bengal, India.
12. History
• According to In Pursuit of Tea, tea was first
discovered in China around 2700 B.C.
• The Dutch and Portuguese brought tea to Europe
around 1600.
• In 1689 traders with three hundred camels travelled
11,000 miles to China and back in order to supply
Russia’s demand. The trip took sixteen months
• The demand for tea was very high in England, which
started trading Opium for Tea with China in 1776.
• In 1835 the East India company established
experimental tea plantations in North-East India, in
the region of Assam.
• "the story of Darjeeling Tea started around 1850
when a Dr. Campbell, a civil surgeon, planted tea
seeds in his garden at Beechwood, Darjeeling, 7000
ft above sea level as an experiment.
• He was reasonably successful in raising the plant
because the government, in 1847, elected to put out
tea nurseries in this area.
13. Present Scenario
• 86 running gardens producing ‘Darjeeling Tea’
on a total area of 19,000 hectares.
• Total production - 10 to 11 million kilograms
annually.
• 52 thousand people working on a permanent
basis
• 15,000 persons are engaged during the
plucking season which lasts from March to
November.
• Work force consists of 60 percent women
• According to the census carried out in the hills
in 1971, the total population of three hill sub-
divisions of district viz. Darjeeling, Kurseong
and Kalimpong was approximately 600,000.
From the records maintained by the tea
gardens, the resident population is over
300,000.
14. Tea Production Process
Picking only 2 leaves Remove as much moisture as
and a bud possible from the Tea
Plucking Withering
1 2
5 3 Put leaf info roller
Leaf is exposed to hot Drying Rolling machines which twist,
air from air blowers turn & break it.
4
Oxidation
Leaf is oxidise by exposing it to air in
large tray till it eventually turns
Black
15. Different flavours associated with
Darjeeling Tea
Flush Time Description
Spring Flush Late February-Mid April Springtime teas. The young
leaves yield a light green tea
with a liquor that is light, clear,
bright and imparts a pleasant
brisk flavour.
Summer Flush May - June Famed for its prominent
quality. The leaf has a purplish
bloom. The liquor is bright, the
taste full and round with a
fruity note.
Monsoon Flush July - September The nature of the liquor
changes becoming stronger,
retaining brightness and
character.
Autumn Flush October - November Autumn-harvested teas,
large leaves that give a round
taste and coppery liquor.
18. Organization Structure – IP Offices
Ministry of Industry & Commerce
Office of the Controller
General of Patents, Designs
And Trademarks
Trade Marks Registry Geographical Patent
Patent office
Designs wing ( Kolkatta, Delhi, Indications Information
( Kolkatta, Delhi,
(Kolkatta) Mumbai, Ahmedabad Registry Service
Mumbai, Chennai)
Chennai) ( Chennai) ( Nagpur)
20. At a legal level, Tea Board is the owner of all intellectual
property rights in the DARJEELING word and logo both in
common law and under the provisions of the following
statutes in India:
(i) The Trade Marks Act 1999: DARJEELING word and logo are
registered certification marks of Tea Board;
(ii)The Geographical Indications of Goods (Registration and
Protection) Act, 1999: DARJEELING word and logo were the
first Geographical Indications to be registered in India in the
name of the Tea Board:
(iii) The Copyright Act, 1957: The DARJEELING logo is
copyright protected and registered as an artistic work with
the Copyright Office.
21. Darjeeling Tea Logo
• The logo consists of the word
DARJEELING and a representation of
an Indian woman holding tea leaves,
all arranged in a roundel
• A copyright work
• In its aesthetic combination of the
word DARJEELING with the woman
device, the DARJEELING logo created
by the Tea Board has made Darjeeling
tea a geographical indication for a
uniquely flavored tea coming from the
district of Darjeeling in India
22. Importance of the Darjeeling Logo
• The Darjeeling Logo is a property
of The Tea Board of India.
• It was launched in 1983.
• It is a symbol that verifies that the
packet / caddy etc contains 100 %
pure Darjeeling, unblended with
teas from any other growth.
• There are certain procedures
prescribed by the Tea Board of
India to be complied with to get
permission for the printing of the
logo on a product.
23. Tea Board of India
• All teas produced in the tea growing areas of
India are administered by the Tea Board of
India under the Tea Act, 1953.
• It is not involved in the manufacture of any
product.
• Its functions are
– to regulate the production and
cultivation of Indian tea
– to improve the quality of Indian tea
– to improve the marketing of Indian tea
within India and abroad
24. Intellectual properties of Tea Board of India
• The objective of the Tea Board, under the Darjeeling Certification Trade
Mark Protection Scheme, is to put in place a mechanism to ensure the
supply chain integrity for DARJEELING tea
• Three above marks are widely known as Specialty Tea Logos or Certificate
Trade Marks
• The CTM Logos have been registered under Trademark Laws of various
international jurisdictions
25. Geographical Indication
• A GI is a name, sign used on goods to indicate and certify that
these originate from a specific geographical origin and possess
certain characteristics, qualities, or reputation that are
essentially attributable to the stated geographical origin.
• Darjeeling tea has a distinctive and naturally occurring quality
and flavor which has won accolades all over the world.
• Tea Board is the owner of all intellectual property rights (IPR) in
the Darjeeling word and logo, both in common law and under
the provisions of the Trade Marks Act 1999, Geographical
Indications of Goods (Registration & Protection) Act, 1999 and
Copyright Act, 1957.
26. Certification Trade Mark
• Trade mark indicates trade origin. It serves the purpose of distinguishing
the goods of one trader from those of other traders.
• A certification trade mark(CTM) is to indicate that the goods on which it is
impressed have been certified by some competent person in respect of
some characteristic of the goods like origin, composition, mode of
manufacture, or quality.
• Three main features of CTM:
• it must be adapted to serve the special purpose.
• the person certifying the goods as to any particular quality or
characteristic or origin must be competent for the purpose.
• the use of such mark must be regulated by suitably framed rules to
prevent its abuse.
27. Steps taken in order to protect Darjeeling tea
under TRIPS
• In 1998, World Wide Watch agency CompuMark was appointed to monitor
conflicting marks. Instances of attempted registration were found, some of
which were challenged through opposition and cancellations and
sometimes negotiations.
• Of the 15 instances, 5 have been successfully concluded in countries such
as Japan, Sri-lanka, Russia etc. 6 oppositions were unsuccessful and 4 are
still pending decision Use by BULGARI, Switzerland of the legend “
Darjeeling Tea fragrance for men” agreed to be withdrawn pursuant to
legal notice and negotiations.
• The Indian Geographical Indication of Goods (Registration & Protection)
Act 1999 is a specific Act covering the registration and protection of
Geographical Indications. After the Act came into force on 15th Sept.03,
the Tea Board has filed an application for registration of Darjeeling tea as a
“GI”.
28. Steps taken in order to protect Darjeeling tea
under TRIPS
• The Tea Board of India started working hard on
necessary steps in 1997. Already in 1986 the
Darjeeling logo was created and registered in U.K.,
U.S.A., Canada, Japan, Egypt and under Madrid,
covering eight countries.
• The Tea Board has obtained “home protection” by
registering a Darjeeling logo and also the word
“Darjeeling” as a Certification Trade Mark under the
Indian Trade and Merchandise Marks Act, 1958.
• Denton Wilde Sapte, a major U.K. law firm, appointed
by the Tea Board to advise on administration of
Darjeeling certification system worldwide Awareness
generation at all IPR forums, WIPO conventions.
31. Estates
The many tea estates (also called "tea gardens") in
Darjeeling each produce teas with different
characteristics in taste and aroma. Some of the popular
estates include:
• Arya
• Avongrove
• Happy Valley
• Pattabong
• Singla
• Soureni
• Vah Tukvar
32. SWOT analysis
Strengths
• High quality and worldwide reputation
• Geo-agro-climatic conditions, with a favourable environment for tea production
• Easy conversion to organic production
• Skilled workforce of local people, with local traditions and know-how, as well as technical
knowledge, a sense of be longing and self-esteem
Weaknesses
• Erratic, unpredictable weather
• Continuing misrepresentation and misappropriation, in particular unmonitored entry of Nepalese
tea
• Very high production costs: very low yields per hectare, a high land-labour ratio (1:3.5) and very
high costs for such items as transport, energy, soil conservation, organic and biodynamic
conversion and cultivation, and low productivity per labour unit
• Very high costs of the overlapping certification of various accredited certifying agencies for food
safety or environmentally friendly production (lack of standardization of food safety and quality
certification)
• Old age of tea bushes and their low replacement rate (2 percent per year)
• Most domestic consumers’ lack of awareness of the quality sign or the Darjeeling tea GI
33. Opportunities
• Potential to increase production through an increase in the replacement
rate for tea bushes from 2 to 10 or 12 percent per year in order to generate
increased production in the future
• Opportunities for market development through creation of new markets in
countries where Darjeeling tea is not yet sold
• Further opportunities to develop additional products or by-products of
the tea industry with economic viability (for example, tea perfume from the
flowers)
• Opportunities for tea tourism development
Threats
• Ongoing misappropriation of the name Darjeeling in many countries,
including India
• Very high costs involved in registration and protection of the quality sign
