Feb 15: Darjeeling tea growers are trying hard to obtain a patented trademark specifically for "the champagne of teas" at the earliest, lest the examples of neem and basmati rice get repeated.With India still to enact a Geographic Appellation Bill, products unique to India are in a vulnerable position as they cannot claim reciprocal protection in WTO countries under the TRIPS agreement.
Instances of duplication of Darjeeling tea in the world markets have been taken seriously by the Indian tea industry who have entrusted a renowned Delhi-based trademark patent attorney to take necessary steps for the patenting of the Darjeeling variety of tea.
Darjeeling tea planters are gearing themselves for obtaining a patent in this calendar year itself. Indian patent lawyers will be helping the growers and the Tea Board with the technical details.
The WTO's international trade rules suggest two major stipulations to register a patent: a well-defined geographical belt where a particular product is grown; theproduct, if grown elsewhere in the world, becomes different. Besides, there must also be characteristics specific to the product.
For the necessary certification, Darjeeling Tea in India and abroad has been defined particularly with respect to the agro-climatic conditions in which it is grown and the type of the plant as well. Only those teas may be allowed to use the trademark which are "produced, cultivated and manufactured in certain areas". Not only this, it "should be also be processed in the aforesaid areas. The tea when brewed should have a distinct and naturally occurring aroma and taste with a light tea liquor and the infused leaf of which should have a distinct fragrance". Says a Darjeeling grower, "It is impossible to have the Darjeeling specificities in any other tea-growing country. However, it is safe to ensure a patent before any country attempts to obtain one. It is a drain on financial resources to get into any legal hurdles at a later stage".
Every year, 30 million kg of tea is sold asDarjeeling tea even though it is not made in Darjeeling. Though only pure Darjeeling teas are entitled to carry the special Darjeeling logo, an industry source says: "It is not enough to have a logo. A lot of teas seem to pass off under the garb of pure Darjeeling variety". The registration process for patenting rights is set to go through the Tea Board in conjunction with the trademark attorneys who, in turn, are expected to speak to their foreign counterparts to examine the issue of registration.
Japan, a largely orthodox-tea growing area, has already discovered the chemical constituents present in the Darjeeling variety, but industry watchers say that this will not enable them to grow the true Darjeeling variety.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
