1. DARJEELING
TEA

2. WHO AM I?

3. AGENDA
• Case Facts
• About Darjeeling Tea
• Export Figures ( Tea and Darjeeling tea)
• Legal Framework of TRIPS
• Issues and Infringement
• Regulations by Tea Board
• International Marketing of Darjeeling tea
• Recommendations

4. Case Facts
• Aims issues related to use of geographical indicators and
their protection under WTO
• Highlights the dichotomy of the level of protections
available for geographical indicators under Article 22 &
23 of the TRIPS Agreement
• About 40 million kg. of Darjeeling tea is sold worldwide
whereas its production is only about 10 million kg
• Besides, the name Darjeeling had been used for a
variety of products and services other than tea, such as
perfumes, lingerie, cocoa, coffee, soft
drink, telecommunications etc., it has raised serious
marketing concerns

5. Darjeeling Tea
Luxurious Enigmatic Aromatic
• First planted in the early 1800s, the incomparable quality
of Darjeeling Teas is the result of its locational climate,
soil conditions, altitude and meticulous processing
• About 10 million kilograms are grown every year, spread
over 17,500 hectares of land
• The tea has its own special aroma, that rare fragrance
that fills the senses
• Rich in anti-oxidants, this amazing tea strengthens your
immune system. It courses through your veins and helps
you unwind

6. Darjeeling Tea
• Definition (Formulated by Tea Board of India)
o is cultivated, grown or produced in the 87 tea gardens in the defined
geographic areas and which have been registered with the Tea Board
o has been cultivated, grown or produced in one of the said 87 tea
gardens
o has been processed and manufactured in a factory located in the
defined geographic area
o when tested by expert tea tasters, is determined to have the distinctive
and naturally occurring organoleptic characteristics of taste, aroma and
mouth feel, typical of tea cultivated, grown and produced in the region
of Darjeeling, India
• Only 100% Darjeeling Tea is entitled
to carry the DARJEELING logo

7. Darjeeling Tea
Flush Time Description
Spring flush Late February- Mid
April
Springtime tea. The young leaves
yield a light green tea with a liquor
that is light, clear, bright and
imparts a pleasant brick flavor
Summer flush May-June Famed for its prominent quantity.
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

8. WORLD PRODUCTION -
TEA

9. WORLD EXPORT - TEA

10. FARMS- EXPORTS

11. EXPORTER’s INPUTS
• Mr. Naveen Kapoor – in export business from past 15 years
• Exports only speciality teas which are produced in small quantities – max 500kg/
year e.g., white tea (silver buds- Rs 20000-30000/ kg)
• Demand of exports have shifted to gardens directly
• License for export – used to be easier to get one earlier now take years and
granted only if you have a background and name in tea business
• Purchases from : Farms, stockist and brokers (auctions)
• Vacuum packaging
• Major export areas
o Expensive Teas: Japan, UK, USA, Germany and Netherlands
o Relatively Cheaper Teas: Middle East- Bahrain, UAE, Dubai, South Africa
• Mode of transportation: Fedex, Bluedart
• Terms of Payment: Advance payment
• Mode of Promotion: 5-star and 7-star hotels

12. Legal Framework of TRIPS
• The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS
Agreement),3 the first multilateral instrument that deals with GIs,4
promulgates minimum standards of protection that WTO Members must
provide for Gis
• Article 22 of the TRIPS Agreement requires that all Members make
available the legal means to prevent the use of a GI that
(1) indicates or suggests that a good
• originates in a geographical area other than the true place of origin in a
manner that misleads the public as to the geographical origin; or
(2) constitutes an act of unfair competition
• GIs on two and only two categories of goods—wines and spirits—Article
23 of TRIPS Agreement provides additional protections

13. Legal Framework of TRIPS
• Level of Protection
Under Article 22, the holder of an infringed GI only has access to
legal recourse if consumers have been misled by the allegedly
infringing label or if its sale constituted an act of unfair
competition,6 whereas Article 23 plainly prohibits any use of a GI
on wines or spirits that do not originate in the designated
geographical region—whether or not the true origin is identified
• Homonymous Indications
Article 23 also protects the co-existence of homonymous GIs for
wines. Homonymous indications are geographical names which
are spelled and pronounced alike, but which designate the
geographical origin of products stemming from different
countries

16. Issues and Infringement
• Less than 10 million kg of tea is being churned out by the 87 gardens in Darjeeling
annually. But some 40 million kg of 'Darjeeling Tea' is being traded globally every year
• Adulteration and blending have badly hit the coveted high price of genuine
Darjeeling Tea
• Earnings of tea gardens decreasing, subsequently, planters have resorted to massive
use of chemicals, fertilizers and pesticides to jack up yield in order to compensate the
plummeting prices
• Legal and registration expenses, costs of hiring an international watch agency and
fighting infringements in overseas jurisdictions
• Tea Board of India has spent approximately US$200, 000 for these purposes in 4 years
• This amount does not include administrative expenses including the relevant personnel
working for the Tea Board, the cost of setting up monitoring mechanisms, software
development costs and so forth

17. Issues and Infringement
• Japan- Unauthorized use and registration of Darjeeling Tea and logo in
Japan
• France- While the Indian system protects French GIs, France on the other
hand does not extend similar or reciprocal protection to Indian Gis
• French law does not permit any opposition to an application for a
trademark similar or identical to a GI if the goods covered are different
from those represented by the GI
• Darjeeling has been misappropriated as a trade mark in respect of
several goods in class 25, namely, clothing, shoes and headgear
• Tea Board opposed the application against the advertised marks for
Darjeeling in classes 5, 12 and 28 by Dor François Marie in France. The
French Examiner rejected the Tea Board‘s opposition and held that the
respective goods did not
o have the same nature, function and intended use
o share the same distribution circuits

18. Issues and Infringement
• Russia- Tea Board filed an application for unauthorized use by a
company of the word ‗Darjeeling‘
• This application was objected to on the ground of conflict with an earlier
registration of the identical word by a company named ‗Akorus‘
• The Russian Patent Office overruled the objection and accepted the
application of Tea Board of India for the word ‗Darjeeling‘
• United States-The Tea Board is opposing an application filed by its
licensee in United States to register ‗Darjeeling nouveau‘ (‗nouveau‘ is
the French for ‗new‘) relating to diverse goods and service such as
clothing, lingerie, Internet services, coffee, cocoa and so on in respect of
first flush Darjeeling tea
• The registration application is under consideration even though
‗Darjeeling‘ is already registered under US CTM law

19. Issues and Infringement
• Based on feedback received from the World Wide Watch
agency CompuMark which was appointed in 1988 to monitor
conflicting marks globally and in the last couple of years,
several instances of misuse and attempted registrations have
been found and challenged by the Tea Board by way of
o legal notices (8)
o court actions (2)
o oppositions/invalidation/cancellation actions (22)
o domain name cancellations (2) against third party misuse of Darjeeling
o These actions covered countries like Bahrain, Belarus, Bangladesh, Canada, Estonia,
France, Germany, Israel, Japan, Kuwait, Latvia, Lebanon, Lithuania, Norway, Oman,
Russia, Sri Lanka, Taiwan, UK and USA
• In some countries like France, Germany, USA more than one
action is pending
• In India, over 20 legal notices have been served and 15
oppositions have been filed

20. Regulations by Tea Board
• All teas produced in the tea growing areas of India, including
Darjeeling, are administered by the Tea Board, India under the
Tea Act, 1953
• Tea Board has had sole control over the growing and exporting
of Darjeeling Tea
• Compulsory for all the dealers in Darjeeling tea to enter into a
licence agreement with the Tea Board of India
• Licensees must furnish information relating to the production and
manufacture of Darjeeling tea and its sale, through auction or
otherwise
• Certificates of origin are issued for export consignments under the
Tea (Marketing and Distribution Control) Order, 2000, the Tea Act,
1953

21. • CTM Registration
o registered the ‗Darjeeling logo‘ and also the word ‗Darjeeling‘ as
certification trade marks (CTMs) under the (Indian) Trade and
Merchandise Marks Act, 1958 (now the Trade Marks Act, 1999)
• GI registration
o Registration of the words ‗Darjeeling‘ and ‗Darjeeling logo‘ under the
Geographical Indications of Goods (Registration and Protection)
Act, 1999
• The Copyright Act, 1957
o The DARJEELING logo is copyright protected and registered as an artistic
work with the Copyright Office
• Worldwide Watch Agency CompuMark appointed to monitor
conflicting marks
Regulations by Tea Board

22. Regulations by Tea Board
• TIMELINE 

23. Successful Enforcements
• Tea Board has fought more than 15 cases against
infringement and misuse of Darjeeling
• Republic of Tea , USA (2000 – 2006)
o Tea Board was successful in seeking rejection of trademark application for
DARJEELING NOUVEAU in the name of Republic of Tea (―ROT‖) on the basis of
its geographical certification marks for DARJEELING word and logo
o The opposition had been filed by the Tea Board before the Trademark Trial and
Appeal Board (TTAB) which has not only upheld Tea Board‘s opposition but
also denied ROT‘s counterclaim for cancellation of the DARJEELING
certification mark on grounds of generic
• Dusong (Darjeeling with kettle device for stationery)
France
o In its decision, the Court of Appeal, Paris held that Mr. Dusong‘s mark impairs
the geographical indication DARJEELING and is prejudicial to the Tea Board‘s
interests in the same
o Accordingly the impugned mark was nullified. Mr. Dusong has been restrained
from using the same in any connection whatsoever

24. Tea Board of India
Promotional Activities
• Generic promotion through Tea Councils to
increase overall consumption of tea
• Promotional programmes to enhance
demand for Indian tea and increase market
share. Activities include promotional support,
participation in Fairs and Exhibitions,
arranging Buyer-seller Meets and visits by
trade delegations, etc.
• Market development activities include
market surveys, market analysis and
tracking of consumer behaviour. This also
includes making all relevant information
available to exporters/importers
• In order to enhance the equity of Indian Tea
and its various sub-brands, efforts, are on to
register the Board’s logos in various markets
as well as to popularise the usage of these
logos
• Organizing seminars on IPRS and in
particular Gis
• Issuing advertisements in the national and
international media promoting Darjeeling
Promotional Schemes
• Board‘s various promotional schemes under
the Market Promotion Scheme are aimed
at increasing India’s market share in the
foreign market and maintaining it on a
sustained basis as well as to encourage
exporters to try out newer markets
• Scheme for Assisting Tea Exporters towards
Meeting Additional Transport & Handling
charges being incurred for teas exported
through ICD, Amingaon
• Scheme for Participation in Fairs and
Exhibitions with Tea Board: Each
participating exporter is to be provided a
minimum of 6 sq. mtrs. exclusive space
• Promotional Support to Tea Association:
Space Rent, Air
Travel, Media/Advertising, Interpreter etc.
• Promotion Scheme for packaged teas of
Indian origin (Brand Support)

25. Tea Associations
Darjeeling Tea Association (DTA)
• Darjeeling Tea Association (DTA), an
umbrella organization of the 87 tea
gardens of the Hills
• The tea garden management on 23rd
September 2013, decided to give 20%
bonus to workers for the current fiscal year
bringing joy to the over 55,000 labourers of
the Hills tea industry
DTRMA & NITM
• Darjeeling Tea Research and Management
Association (DTRMA) was established in the
year 1994 at Shivmandir, 7 Km away from
Siliguri, W.B., and is dedicated to Tea
Industry to promote excellence
• NITM was established in the same year
under the aegis of DTRMA to generate a
pool of trained manpower who could
effectively run a Tea Industry
• Post Graduate Diploma in Tea (PGDT)
&Certificate Course on Tea Tasting (CCTT)
Bombay Tea Traders
Association
• The Bombay Tea Traders
Association came into
existence in 1968
• Its initial membership was
74 members and today its
strength is around 150
members, which consists
of WHOLESALERS,
RETAILERS, CHAIN SHOP
OWNERS, PRODUCERS
and EXPORTERS, mainly
dealing in DRY TEA

26. Darjeeling Tea Boutiques, Tea Tourism
& Expo
Darjeeling Tea Boutiques
• The Darjeeling Tea Association (DTA) has planned to set up
standalone Darjeeling tea boutiques across the country
• The association has chalked out plans for 20 such exclusive
Darjeeling tea boutiques across the country to promote this
niche product in the domestic market
• These 20 boutiques will come up in both tier I as well as tier II
cities
• Along with Darjeeling tea, these boutiques will also serve
snacks like cafeterias
• Each boutique will entail an investment between Rs 50 lakh to
Rs 1 crore depending on the nature of the city, he added
• It is envisaged that these boutiques will come up in association
with the Union commerce ministry
Darjeeling Tea Garden Tours
• Tea tourism is catching up big time in this part of the country
• Several tea estates in Darjeeling offer tea tourism which
essentially means experiencing the garden life while enjoying
luxury amenities and comfort
• Tea garden tour or tea tourism is about staying in the tea
garden (many estates offer the original but upgraded planters'
bungalows with modern amenities), watching the garden
workers pluck tea, enjoying the serene garden
atmosphere, learning about the tea manufacturing process in
the tea factory, experiencing the village life and culture of the
workers, hiking the nature trails, and indulging into many other
nature activities
The World Tea & Coffee Expo 2013
• The World Tea & Coffee Expo 2013, was held at
Mumbai, India from 15th – 17th Feb 2013 with
over a 100 exhibitors from 8 countries and was
attended by over 10,000 trade buyers and
general visitors
• It received very good response from Exhibitors
and had a judicious mix of Indian &
International Exhibitors
• Leading Trade Bodies like Tea Board of India.
(Govt of India), Federation of Indian Tea Traders
Association (FAITTA), Bombay Tea Traders
Association (BTTA), India-China Chamber of
Commerce & Industry, Small and Medium
Business Development Chamber of India,
Confederation of Indian Small Tea Growers
Assoc (CISTA) and Darjeeling Tea Association
support this unique trade event

27. FDI: Darjeeling Tea
Industry
• 6th May 2011 saw good news for the foreign investors who want to
venture into the Darjeeling tea Industry particularly in India
• An approval of two foreign proposals has been the key to the opening of
the door for the other investors
• The Union Finance Ministry had issued a statement that the purpose of
such approval is for ―induction of foreign equity and foreign collaborator
to carry out the business of production, distribution and export of tea‖
• This in a way is a good thing for the Darjeeling tea industry to prosper
since even before such approval, foreign investors has not showed any
interest on engaging to doing business on the tea industry thinking that
the return of their investment on to the country of origin is impossible
because in 1974 the Foreign Exchange Regulation Act (FERA),
Conservation of Foreign Exchange and Prevention of Smuggling Activities
Act were passed which prevented the remittance of the profits to be
sent out of country

30. Recommendations
• Push for Article 23 to be expanded to include all GIs
• Educate tea exporters on infringement and create
awareness of brand ‗Darjeeling‘
• Promotion on social media with regular updates on
Facebook and Twitter
• Extend Certificate of origin for Darjeeling tea
abroad
• Upgradation of information technology
infrastructure so that customs can accept notices
from rights holder electronically

31. THANK YOU