Title: Two sides of the same coin: the Darjeeling tea saga and the need to reform the legal protection of geographical indications

Authors: Aneela Fatima; Nikolaos Voutyrakos

Addresses: Jindal Global Law School, O.P. Jindal Global University, Sonipat, Narela Road, 131001, India ' Jindal Global Law School, O.P. Jindal Global University, Sonipat, Narela Road, 131001, India

Abstract: The TRIPS Agreement provides a minimum standard of protection for geographical indications (GIs) concerning rural nations. This paper explores the intricate dynamics of the international protection of GIs through trademark protection, sui generis protection, and international treaties, which are an integral part of the IPR legal arsenal, fostering equitable competition and instilling confidence in consumers. This debate is culminated in the Darjeeling tea saga, which aptly illustrates the challenges that rural nations such as India may have while pursuing GI protection. This paper aims to comprehensively evaluate the effects of trademark protection and sui generis protection on the relevant stakeholders including producers, consumers, local economies, and international commerce at large. The ultimate goal is to provide policymakers, legal practitioners, and stakeholders with insights into the complex factors that must be taken into account when safeguarding GIs in the contemporary global market.

Keywords: geographical indications; Darjeeling tea; sui generis; trademark; India; certification mark; TRIPS Agreement.

DOI: 10.1504/IJIPM.2025.146209

International Journal of Intellectual Property Management, 2025 Vol.15 No.3, pp.292 - 309

Received: 14 Dec 2023
Accepted: 24 Apr 2024
Published online: 12 May 2025 *

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