Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of th
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2024
Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of the region were known as Darjeeling today was inhabited by the Lepcha tribes. In 1828, while visiting this region located in the backdrop of the snow-clad Himalayan range, a young British called Captain Lyoyd discovered the possibility of converting the region into a hill station or a sanitarium. In 1839, Darjeeling was handed over to Dr. A. Campbell, a civil surgeon, who got transferred from Kathmandu to Darjeeling to become the first Superintendent of the Darjeeling district, a position which he held for the next twenty two years. In 1841, Dr. Campbell brought the seeds of China variety of tea from Kumaon hills of North India and planted them near his residence in his Beech wood garden in Darjeeling, 2134 meters above the mean sea level. Seeing the success of Dr. Campbell's experimental tea nursery, the British Government decided to put out tea nurseries in the region in the year 1847. Even after the Indian independence from British rule in 1947, the British ownership continued in many tea gardens of Darjeeling. By the end of the 1970's, most of the tea gardens of Darjeeling were in the hands of Indian owners. It supplies around 30% of world's Favourite hot drink. India is not only the world's largest consumer of Tea but also exports sizeable portion of its production. Tea leaves are grown in different hill areas and among them Darjeeling Tea offers distinctive characteristics with regard to its quality and flavour. As such Darjeeling Tea has global reputation for more than a century. There are two main reasons for the same and they are exceptional and distinctive taste due to geographical origin and processing. Darjeeling tea is cultivated, grown and produced in tea gardens in a well known geographical area – Darjeeling district of West Bengal State for over one and half centuries. An adequate legal protection is necessary for the protection of legitimate right holders of Darjeeling tea from the dishonest business practices of various commercial entities. Questions: (a) Discuss how the rights of legitimate right holders of Darjeeling tea can be protected.
Answer & Explanation:
Answer 4(a) The term 'Geographical indication' is defined in section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 as: '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.' In the case of Darjeeling Tea, the key features which make it eligible to be granted registration and thus protected under the GI Act, 1999 are: It offers distinctive characteristics of quality and flavor. It has a global reputation for more than a century. It 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. It has the tea gardens which are located in the district of Darjeeling at elevations of over 2000 metres above sea level.
Topics: Geographical Indications
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