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Intellectual Property Rights

DARJEELING TEA

By: Atul Kishore NIFT, Kannur

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

AGRICULTURAL GOODS

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HANDICRAFT GOODS

1/7/2013

MANUFACTURED GOODS

1/7/2013

FOOD STUFFS

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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)

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.

Darjeeling Tea

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.

Geographical Location

•Map

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.

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.

Picking only 2 leaves and a bud

Remove as much moisture as possible from the Tea

Withering

Rolling

Oxidation

Drying

Plucking

Put leaf info roller machines which twist, turn & break it.

Leaf is oxidise by exposing it to air in large tray till it eventually turns Black

Leaf is exposed to hot air from air blowers

1 2

3

4

5

Tea Production Process

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.

Legal Aspects

Organization Structure – IP Offices

Ministry of Industry & Commerce

Office of the Controller

General of Patents, Designs

And Trademarks

Designs wing

(Kolkatta)

Patent office

( Kolkatta, Delhi,

Mumbai, Chennai)

Trade Marks Registry

( Kolkatta, Delhi,

Mumbai, Ahmedabad

Chennai)

Geographical

Indications

Registry

( Chennai)

Patent

Information

Service

( Nagpur)

IP Buildings at Kolkata,Delhi and Chennai

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.

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

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.

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

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

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.

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.

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”.

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.

Production of Tea in India

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

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

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

Thank You!!