An Analysis of the Challenges Faced by India in the Protection and Enforcement of Geographical Indication through the Case Study of Darjeeling Tea​​

Adarsh Dubey
Jindal Global Law School, India.

Volume III, Issue VI, 2020

The paper starts with a brief insight into TRIPS and the problem concerning the hierarchy that exists in their system of the protection of Geographical Indication. Then, it discusses the history of how Geographical Indication laws came to India, in the form of a Sui generis system. Further, it provides a fair overview of the functioning of such laws in India. Next, it will elucidate the case study of Darjeeling Tea by explaining the various factors that are responsible for giving it a distinctive quality, the reason why they require protection, and the steps taken to provide such protection at both the domestic and international level. After this, I’ll go on to explain the challenges that India faced during the protection or enforcement of Geographical Indication in India as well as foreign jurisdictions through several examples. Lastly, I will provide a comparative analysis of these challenges with a deliberation on the situation in the European Union and show how it, also being a Sui generis system, faces the same issues in protecting their Geographical Indications outside European Union.