GI tag on Darjeeling tea cannot be used for related products, says Calcutta HC; dismisses Tea Board's case against ITC

The Geographical Indication or GI tag on Darjeeling tea is not the sole prerogative of the Tea Board run by the government, said the Calcutta High court dismissing a case filed for the exclusive use of the GI tag, according to media reports. In 2010, the Tea Board had filed a case against ITC, the hotel-to-tobacco group, which operates a premier lounge named Darjeeling Lounge at ITC Sonar Hotel in Kolkata. [caption id=“attachment_4473569” align=“alignleft” width=“380”]  Representational image. Reuters.[/caption] The Calcutta High Court ruled that Darjeeling Tea as a GI-owned by the government-run Tea Board for tea originating from the region cannot be claimed for unrelated goods or services, according to a report in the Times of India. The GI is a limited right, the high court said. It can be enforced only if it is misused in respect to the same product, the report said. Incidentally, Darjeeling tea became the first GI tagged product in India, in 2004-05. Since then over 300 products have been added to the list and given the GI status. This range from Darjeeling Tea, Kangra paintings, Tirupathi ladoo, Nagpur Orange and Kashmir Pashmina among registered GIs in India. Karnataka tops with 38 GI products, followed by Maharashtra which has 32 and Tamil Nadu with 25 GI products. A Geographical Indication (GI) is an agricultural, natural or a manufactured product (handicrafts and industrial goods) originating from a particular area. It enjoys a specific reputation which is attributable to that geographical region. It is a legal right under which the GI holder can prohibit others from using the same name. Last week, Suresh Prabhu, Union Civil Aviation said that all the airports in the country will soon have ‘Geographical Indication Stores’ which will promote products unique in that region. --With agency inputs