The United Kingdom based Company BREXIT along with members of the Scotch Whisky Association (SWA) filed a suit before the Delhi High Court for permanent injunction to prevent the Defendant, Golden Bottling Ltd., an India

Geographical Indication (GI) registrations of goods are governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999, and the Geographical Indications of Goods (Registration and Protection Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Rules, 2002. The Geographical Indications of Goods (Registration and Protection) Act, 1999 is a sui generis Act of the Parliament of India for protection of geographical indications in India. India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights. The GI tag ensures that only those registered as authorised users (or at least those residing inside the geographic territory) are allowed to use the popular product name. Darjeeling tea became the first GI tagged product in India, in 2004-05, since then 370 goods had been added to the list as of August 2020. Geographical Indications (GIs), are a crucial aspect of intellectual property law with far-reaching implications for both cultural preservation and economic development. Geographical Indications, often abbreviated as GIs, represent a form of intellectual property rights that protect products originating from specific geographical regions. These products possess unique qualities, characteristics, or reputations attributable to their geographical origin, making them distinct from similar products produced elsewhere. A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term "Darjeeling" for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication. A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production. As per Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 "Geographical indication" in relation to goods means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. It may be noted that any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be.