How does 'Darjeeling Tea' satisfy the criteria of geographical indications under the Geographical Indication of Goods (Registration and Protection) Act, 1999 ? Why was a compulsory system of certifying the authenticity o
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2018
How does 'Darjeeling Tea' satisfy the criteria of geographical indications under the Geographical Indication of Goods (Registration and Protection) Act, 1999 ? Why was a compulsory system of certifying the authenticity of exported Darjeeling Tea incorporated into the Tea Act, 1953 in 2000 ?
Answer & Explanation:
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. In order to ensure the supply of genuine Darjeeling tea, a compulsory system of certifying the authenticity of exported Darjeeling tea was incorporated into the Tea Act, 1953, in the month of February, 2000. The system made it compulsory for all the dealers of Darjeeling tea to enter into a licence agreement with the Tea Board of India on payment of an annual license fee. The terms and conditions of the agreement provide, inter alia , that the licensees must furnish information relating to the production and manufacture of Darjeeling tea and its sale, through auction or otherwise. The Tea Board is thus able to compute and compile the total volume of Darjeeling tea produced and sold in the given period. No blending with teas of other origin is permitted. Certificates of origin are then issued for export consignments under the Tea (Marketing and Distribution Control) Order, 2000, read with the Tea Act, 1953. Data are entered from the garden invoices (the first point of movement outside the factory) into a database, and the issue of the certificate of origin authenticates the export of each consignment of Darjeeling tea by cross-checking the details. Furthermore, the Customs Authorities under their circular have made it mandatory to check at each checkpoint the Certificate of Origin in respect of each Darjeeling Tea Consignment. Thus, ensuring the sale-chain integrity of Darjeeling Tea until the consignment leaves the country.
Topics: Geographical Indications
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