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16 - Protecting the geographical indication for Darjeeling tea

Published online by Cambridge University Press:  05 December 2011

Peter Gallagher
Affiliation:
Inquit Communications
Patrick Low
Affiliation:
World Trade Organization, Geneva
Andrew L. Stoler
Affiliation:
University of Adelaide
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Summary

This case study relates to the geographical indication (GI) protection of Darjeeling tea. It tells the story of the unauthorized use and registration of ‘Darjeeling and Darjeeling logo’ by Japanese companies already registered in Japan by the Tea Board of India. The study also refers to the unauthorized use and attempted registration of the words ‘Darjeeling and Darjeeling logo’ by some other developed countries.

The problem in context

India is the world's largest producer of tea, with a total production of 846 million kg in the year 2002, supplying about 31 per cent of the world's favourite hot drink. Among the teas grown in India, Darjeeling tea offers distinctive characteristics of quality and flavour, and also a global reputation for more than a century. Broadly speaking there are two factors which have contributed to such an exceptional and distinctive taste, namely geographical origin and processing. Thus Darjeeling tea has been cultivated, grown and produced in tea gardens in a well-known geographical area – the Darjeeling district in the Indian state of West Bengal – for over one and a half centuries. The tea gardens are located at elevations of over 2000 metres above sea level.

Even though the tea industry in India lies in the private sector, it has been statutorily regulated and controlled by the Ministry of Commerce since 1933 under various enactments culminating in the Tea Act, 1953. The Tea Board was set up under this Act.

Type
Chapter
Information
Managing the Challenges of WTO Participation
45 Case Studies
, pp. 231 - 240
Publisher: Cambridge University Press
Print publication year: 2005

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