The Geographical Indication Act 1999 provides for registration of product as such and not for the words and logos. Darjeeling Tea as one of India's product has not been registered till yet as GI. The registration of Darjeeling Tea (word & Logo) will not automatically include the registration of the concerned product as GI.
This is highly confusing as to whether the Darjeeling Tea Word & Logo qualifies for registration of Trade mark and GI simultaneously.
Though The GI Act mandates for cancellation of confusing and overlapping Trade Marks and GI, but till date it is not done. The qualifying standards and parameters for registration as Trade Mark and GI are different and are not overlapping.
The Tea Board as statutory body has spent huge public money on publicity and so called protection of IP Rights of Darjeeling tea but they lacks clarity as to what and in which manner they wish to protect Darjeeling Tea.
The fact still remains that Darjeeling Tea as a product has not been registered till yet, though claimed to be so by the Tea Board.
1 comment:
phi. Interesting post. I work for a newspaper called Business Standard and am doing a story on the GI tag and the small farmers movement in Darjeeling. Would like to get in touch with you for the story. Do let me know how i can take this forward.
Manisha
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