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ARTICLE · 16 APRIL 2019

A Closer Look At Tea Board, India v. ITC Limited Dispute

Khurana & Khurana, Advocates and IP Attorneys
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This particular dispute brings the overlap between trademarks and Geographical Indications to the limelight.

IndiaIntellectual Property

Introduction

Shahi Litchi of Bihar, Mysore Silk, Coorg Orange, Kashmiri Pashmina, Mizo Chilli among many others have one thing in common i.e. their quality, production and reputation is firmly attached to a particular geographical location. Property Rights are granted to products of such nature due to the fact that they are produced in a specific region because of either unique natural factors or the nature of skills required. Such a protection is mostly granted for Agro-based Products, Foodstuffs, Beverages & Handicrafts. In India, such a protection is granted under the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Geographical Indications have been defined under Article 22 of the TRIPS Agreement as, 'indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to

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