This article has been written by Ms. Manisha Kumari, a 2nd year student of the Campus law centre, University of Delhi.

Abstract

Tea and coffee both are beverages that do not originate in India but these beverages are the essential beverages after water. If we talk about Tea, India is the second largest producer of tea after China but 70 per cent of the production is consumed by Indians. So In the land of Tea drinkers, India is in the 6th position in the production of coffee but 70 percent of this is exported to other countries. The importance of Tea shows the first product that got a GI tag was the Darjeeling Tea in India. In this article, we are going to discern the geographical indication of tea and coffee.

Introduction

Tea and coffee both are beverages which are famous for their daily basis consumption after water. In India, Tea Culture in India is connected with every household to work related space and political to social gatherings. In the same way coffee is also related to these spaces, but in less number of people is drinking coffee. Tea is first grown in China at the global level, in the colonial period Tea cultivation started in India in Assam. Coffee plantations also started in the colonial period in the South Indian state in India. So both beverages are not originated in India but these beverages are known at the world level as the names of different varieties of tea and coffee. One of these is the Darjeeling tea and another is Kangra Tea of Himachal Pradesh. In the list of coffee is Araku valley coffee, Arabica coffee, Robasta coffee, Chikmagalur coffee, Bababudan valley coffee, coorg coffee. 

Tea

In the entire world, Darjeeling tea is unique to any other beverages and cannot be reproduced in any way, anywhere, at any time. The tea known as Darjeeling tea is produced from Camellia sinensis var. Sinensis, which is grown and processed in West Bengal district’s Darjeeling or Kalimpong districts. Since 2004, items made on specific estates in Darjeeling and kalimpong have been referred to as Darjeeling tea, a certified geographical Indication. Though some estates have increased their product offerings to include leaves suited for brewing green, white and oolongs tea, the tea leaves are processed as black tea. The quality and reputation of Darjeeling Tea- seductive aroma, exotic flavor, golden liquor, brightness and the long-lasting mellow taste are essentially attributable to its geographical origin. Darjeeling territory consists of the hilly areas of Kalimpong sub-division and Kalimpong division. Within this specific region are 87 tea board of India registered gardens which produce the Camellia Sinensis plant variety at an altitude of 200 to 2000 meters. Various altitudes in the district’s seven valley facing the peak Kanchenjunga, attaining 100 Rainfall of – 120 inches per annum ,two – three hours of sunshine a day on average ,with strong to throughout mild fog ,mist ,clouds and chilly breeze. In areas with rich, loamy, red, fine and residual soil, abundant in organic materials as a result of the surrounding humus cover of forest.

Annual production of orthodox Darjeeling Tea varies from 9-10 million kgs. per year and its inherent subtle qualities including the taste also vary in the 4 flushes- 1st or Spring Flush, ( late February – mid. April), 2nd or Summer Flush (May- June), Monsoon or Rain Flush ( July – September), and Autumn Flush ( October – November ).Almost 65-70%of Darjeeling tea is exported to the European, and Asian countries, the USA, Australia .The major quantity is exported to Germany, Japan, the U.K., etc. either directly or through the Supply Chain. The rest quantity is sold and consumed within the country either directly or through Supply Chain. This is because to its well-known flavor and quality which has possessed it the patronage and recognition of discerning consumers all over the world for well over a century. Due to the unique and complex combination agro-climatic conditions Darjeeling tea has a distinctive and naturally-occurring quality and flavor which has won the patronage and recognition of discerning consumers all over the world for well over a century. The tea’s reputation, quality, and qualities are primarily related to its place of origin and cannot be reproduced in other locations. There are many threats of Darjeeling Tea .One of the reasons is adulteration. Due to adulteration in tea the quality of original Darjeeling tea is diminished. That’s the reason for protection of Darjeeling tea. Another reason of protection of GI is poor value realization, consumer deception, Damage of reputation. The main objective of the GI protection of Darjeeling Tea is:

1. To prevent the infringement of the term  “Darjeeling” for tea sold world-wide;
2. To protect the consumer by ensuring that the correct product reaches him;
3. To enable the commercial benefit of the equity of the brand to reach the concerned industry including the plantation worker;
4. To prevent the use of the word “Darjeeling” for Non-Tea Products.

Tea board of India is the administrative and controlling authority for all stages of tea cultivation, processing and sale of Darjeeling tea.TBI in co-operation with DTA(Darjeeling Tea Association), former DTPA endeavored to get legal protection in India and in other countries.TBI had taken the 1st step to protect Darjeeling tea by developing a Darjeeling Logo as shown. The Tea Board had obtained “home protection” by registering the logo and the word DARJEELING as a: ~Certification Trade Mark under the Trade Marks Act-1999; artistic work under the Copyright Act, 1957; geographic indication under the Geographic Indication (Registration & Protection) Act, 1999.  Darjeeling Tea is the 1st product to be registered under the G.I. Act in India in 2004. The logo and “Darjeeling” word are registered as CTM in UK, USA, & Australia. Darjeeling word has been registered as a community collective mark in the EU. The Darjeeling tea’s word and logo are protected as Geographical Indications in India and as Certification Trade Marks in the United Kingdom, the United States, and India. The logo of Darjeeling tea is registered as a collective mark in Belgium, Luxembourg, Germany, Netherlands, Austria, France, Spain, Portugal, Italy, Switzerland, the former Yugoslavia, Egypt, and Lebanon, and as a trademark in Russia and Japan. In Russia, the word Darjeeling has been registered as a trademark. There are still some pending applications by the Tea Board of India for registration of the “Darjeeling word” as a certification mark in Australia, as a community collective mark in the EU, and as a collective mark in Germany and Japan. For example, tea from Kenya, Sri Lanka, and even Nepal has frequently been mislabeled or passed off as “Darjeeling tea” around the world. An example of Japan’s unauthorized use of the word ‘Divine Darjeeling’ wherein the application was opposed by the Indian Tea Board describes the challenges faced in protecting the word and logo. In the last few years, the Tea Board has battled misappropriation and misuse of the Darjeeling Tea word in countries such as Japan, France, Russia, Norway, the United States, Germany, Israel, and Sri Lanka.

Therefore, adequate legal protection for this GI is necessary to prevent such misappropriation. Without proper GI protection both domestically and internationally, it would be difficult to prevent the misappropriation of  Darjeeling Tea’s identity, whereby tea produced somewhere else would be sold under the Darjeeling brand, harming consumers and denying the Darjeeling tea business the premium price. The industry gradually realized that unless Darjeeling Tea is correctly promoted and branded, the company’s sustainability may be jeopardized and that GI protection, coupled with strict enforcement, can go a long way toward assisting the sector in improving its financial status as well.

Kangra tea 

Kangra tea is a type of tea produced in the Kangra district of Himachal Pradesh. It is a high-quality tea that is known for its unique flavor, aroma, and color. It is made from the leaves, buds, and tender stems of the Camellia sinensis species cultivated in the Kangra valley. Black tea and green tea have both been cultivated in the Kangra Valley. In India, Kangra tea received the Geographical Indication (GI) designation in 2005. It has different features: Kangra tea leaves are narrow and have a multi-stemmed frame. Green tea has a subtle woody aroma, while black tea has a sweet, lasting aftertaste. It has a light color and a high body in liquor.

Assam Orthodox Tea is registered under GI in 2008. The strong tea grown in the plains of Brahmaputra river. The distinctive orthodox Assam tea is valued for their rich taste, bright liquors and is considered to be one of the choicest teas in the world.

Nilgiri Tea– Nilgiri hills rolling through the state of Tamil Nadu, Karnataka, and Kerala are home to the Pastoral Toda Tribe and tea gardens that create the fragrant cup of tea. Nilgiri tea has slightly fruity, minty flavor. In 2008, Nilgiri tea got GI tag.

Case Law

Republic of Tea, USA (2000-2006),  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. 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 genericness.

Dusong (Darjeeling with kettle device for stationery) France, The Court of Appeal of Paris on November 22, 2006 quashed the decision of the Court of First Instance rendered in August 2005 wherein the action filed by the Tea Board for dilution of Darjeeling against adoption of the mark “Darjeeling with a kettle device” in respect of classes 16, 35 and 41 by Mr. Dusong.  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. Accordingly the impugned mark was nullified. Mr. Dusong has been restrained from using the same in any connection whatsoever.

Coffee 

 In India, like tea, coffee produced in India also got the geographical indication tag. In this list five varieties of coffees which is found in India .The name of these are Coorg Arabica Coffee, Wayanad Robusta Coffee, Chikmagalur Arabica Coffee, Araku Valley Arabica Coffee and Baba Budangiri Arabica Coffee. 

Coorg Arabica coffee is grown specifically in the region of Kodagu district in Karnataka.

Wayanaad Robusta coffee is grown specifically in the region of Wayanad district which is situated on the eastern portion of Kerala.

Chikmagalur Arabica coffee is grown specifically in the region of Chikmagalur district and it is situated in the Deccan plateau, belonging to the Malnad region of Karnataka.

Araku Valley Arabica coffee can be described as coffee from the hilly tracks of Visakhapatnam district of Andhra Pradesh and Odisha region at an elevation of 900-1100 Mt MSL. The coffee producer of Araku, by the tribals, follows an organic approach in which they emphasize management practices involving substantial use of organic manures, green manuring and organic pest management practices.

Bababudangiri Arabica coffee is grown specifically in the birthplace of coffee in India and the region is situated in the central portion of Chikmagalur district. Selectively hand-picked and processed by natural fermentation, the cup exhibits full body, acidity, mild flavor and striking aroma with a note of chocolate. This coffee is also called high grown coffee which slowly ripens in the mild climate and thereby the bean acquires a Previously, GI registration was obtained for two specialty coffees such as Monsooned Malabar Arabica and Monsooned Malabar Robusta in 2008.

In India, coffee is cultivated in about 4.54 lakh hectares by 3.66 lakh coffee farmers of which 98% are small farmers. Coffee cultivation is mainly done in the Southern States of India:

Karnataka – 54%

Kerala – 19%

Tamil Nadu – 8%

Coffee is also grown in non-traditional areas like Andhra Pradesh and Odisha (17.2%) and North East States (1.8%).

India is the only nation in the world where all coffee cultivation is grown under shade, hand-picked and sun dried. Grown  by tribal farmers in the Western and Eastern Ghats, which are the two major biodiversity hotspots in the world, produces some of the world’s best coffee. Indian coffee is highly valued in the world market and sold as premium coffee in Europe. The region-specific GI tags will increase the credibility and visibility of Indian coffees in the international market which will further boost export earnings.

Conclusion 

   Tea culture and coffee are integral parts of our society and world. Especially in India Tea and coffee are parts of daily routine. In the reference of Tea, Indian Darjeeling Tea is world famous for their distinctive flavor and aroma, which is unique only to the region. Darjeeling tea faced many threats, misappropriation and replication like issues; this is because of Darjeeling tea gets different legal protection and geographical indication tag which remains its originality, and also regional area economy and people who are related to the plantation of Darjeeling tea. Darjeeling tea today is facing severe existential threats, including inability to keep up with the demand owing to politics spilling over, poor conditions of workers and climate change. Indian industry needs to adapt modern techniques and Indian buyers must also encourage the industry and ensure this iconic beverage stands the test of time. Just like Darjeeling tea, Kangra tea of Himachal Pradesh also gets Geographical protection. In the case of coffee, Most of coffee produced in India is exported abroad. In the area of Araku valley Coffee plantations are done by tribal farmers .The Indian coffee producer will be able to invest in preserving the unique characteristics of the coffee cultivated in that specific location due to recognition and protection that comes with GI certification. Additionally it we’ll make Indian coffee better known and enable to growers to earn best price possible for their premium coffee.

Reference

1. Darjeeling Tea, Tea Board of India, www.teaboard.gov.in
2. Dr. Tarit Kumar Datta, Geographical Indication in India: Case Study on Darjeeling Tea, www.fao.org
3. Darjeeling Tea- A Geographical Indication (GI), Darjeeling Tea Association, www.wipo.int
4. Gayathri Thatavarthi, Darjeeling Tea- First GI Tag in India, 2023, www.caleidoscope.in
5. Kangra Tea, vajiramias.com
6. GI Certification for five varieties of Indian coffee, pib.gov.in