darjeeling tea global infringement and wto

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Page 1: Darjeeling Tea Global Infringement and WTO

GROUP -5

Page 2: Darjeeling Tea Global Infringement and WTO

India is one of the largest producer and exporter of tea

• Annual production 840mn of tea Darjeeling a place in West Bengal(INDIA)

is exclusively known for growing tea “Darjeeling tea”

• Latitude range from 600-2000m• Started from 1935 Cooled and moist climate and

environment of Darjeeling give the unique flavor to Darjeeling tea

Page 3: Darjeeling Tea Global Infringement and WTO

Unique distinction through out the world in taste and quality.

Superlative standard for flavor (MUSCATEL FLAVOR).

Strong brand name (Even non tea product used it).

“Darjeeling tea” - Geographical indicator under TRIPS agreement.

Page 4: Darjeeling Tea Global Infringement and WTO

Justice should be given to DARJEELING TEA Global brand infringement of brand DARJEELING

i.e., “Darjeeling tea” should stop through active role of WTO in settling the dispute among member nation under “Dispute settlement body” and the decision should go in India’s favor

Additional protection to Darjeeling tea as Geographical Indicator( GI)

• Darjeeling tea should be given an additional(absolute) protection as GI under Article 23(TRIPS agreement)which is only enjoyed by privileged GI’s i.e. “wines & spirits” of Europe and other western countries.

Page 5: Darjeeling Tea Global Infringement and WTO

i. Misuse and infringement of “Darjeeling”brand which is posing huge problem in taking advantage of Darjeeling tea’s brand equity and proper positioning in the international markets.

ii. Huge economic loss to Darjeeling tea producers and exporters due to blending of inferior varities of tea with Darjeeling tea by few countries (Srilanka,Nepal,Kenya…etc )and are also being sold in international market in the brand name “Darjeeling tea”.

Page 6: Darjeeling Tea Global Infringement and WTO

Unique MUSCATEL flavor (Grapy Taste) and exquisite bouquet.

Combination of natural factors of Darjeeling cannot be found any where else in the world for growing “Darjeeling tea”.

Page 7: Darjeeling Tea Global Infringement and WTO

Darjeeling tea’s exclusive taste,quality and non –replication by any tea variety of the world make it a primium variety tea and thus commands a higher price in the international markets.

Page 8: Darjeeling Tea Global Infringement and WTO

MUSCATEL flavour (grapy taste) that gives Darjeeling tea its unique distinction and it is not found anywhere else in the world.

Page 9: Darjeeling Tea Global Infringement and WTO

CURRENT SCENARIO• Darjeeling tea is not enjoying its actual status

in the current scenario due to harm posed by many inferior varieties of tea being blend and sold in the name Darjeeling .

• There is also a huge gap in the auction price and retail price of Darjeeling tea in the international markets.

Page 10: Darjeeling Tea Global Infringement and WTO

STRENGTHS• Unique taste • Premium quality • Natural factors which is exclusively found

in Darjeeling hills of West Bengal(INDIA). WEAKNESS• Unable to create brand equity.

Page 11: Darjeeling Tea Global Infringement and WTO

OPPORTUNITY• Creating brand equity of tea through “TEA

TOURISM” i.e. selling the experience of Darjeeling tea internationally through Darjeeling’s tea garden visits and toy train (world heritage) and the over all experience of Indian hill station (Darjeeling)

THREATS• Global infringement of brand “Darjeeling “• Uncertainty of price realization in

international markets.

Page 12: Darjeeling Tea Global Infringement and WTO

CURRENT STATUS-(?)• INDUSTRY GROWTH-(HIGH)stiff competition

in tea markets of the world.• MARKET SHARE-Low market share due to

brand imitation and global infringement of Darjeeling tea.

PROPOSED STATUS(*)• INDUSTRY GROWTH-(HIGH)due to

unrestrained and ethical competition among tea varieties of the world .

• MARKET SHARE-(HIGH)due to “absolute” protection as GI and thus receive actual price realization in international markets.

Page 13: Darjeeling Tea Global Infringement and WTO

CURRENT (PRODUCT DEVELOPMENT)• The packaging schoud be designed to

ensure better quality and taste and most importantly the product is genuine and it belongs only to INDIA(Darjeeling ).

• The “Darjeeling logo”should always be kept in mind with strict review of genuine certification of the product (Darjeeling tea).

PROPOSED- (MARKET PENETRATION)• Drive out unethical competition through

creating brand awareness about genuine” Darjeeling tea”

• To secure dominance in growth market .

Page 14: Darjeeling Tea Global Infringement and WTO

MARKET STRATEGY 1. Retaining the existing and creating the future

markets through a better brand equity strategy and better product positioning(through quality, taste and experience)

2. Selling only to big and trustful international retailers and distributors of Darjeeling tea to get in return a better price realization for the product in that country.

3. Market “Darjeeling tea "as a GI and attracting customer through “TEA TOURISM”

4. Darjeeling tea should only be sold in trusted auction centers particularly of INDIA for minimizing the vast difference between auction price and retail price

Page 15: Darjeeling Tea Global Infringement and WTO

Govt. of India and tea board of India along with Darjeeling tea planters and marketers should join hand to protect the identity of Darjeeling tea as a real GI belonging to India and should come out with the innovative idea such as “TEA TOURISM” for promotion of geninune Darjeeling tea in international arena through visits in tea gardens of Darjeeling and sip of exotic Darjeeling tea, along with it giving the international visitors the experience of Himalayan hills (Darjeeling hills), Culture and tradition of Darjeeling and a mesmerizing and Joyful ride in world heritage toy train of Darjeeling.

Page 16: Darjeeling Tea Global Infringement and WTO

Q.(1).

YES, the “Darjeeling” brand name be used exclusively to the Darjeeling tea grown in India.

REASONS:

1. The “Darjeeling logo” was first designed in India.

2. It is a registered GI under TRIPS.

3. Since 150 years Darjeeling tea has been cultivated, grown & produced in tea gardens geographically located in Darjeeling(west Bengal).

Page 17: Darjeeling Tea Global Infringement and WTO

4.“Darjeeling tea” cannot be replicated anywhere else in the world & thus require the unique climatic condition of Darjeeling for growing of Darjeeling tea which is exclusively of India.

5.Premium quality & unique flavor is the special characteristics of Darjeeling tea only.

Page 18: Darjeeling Tea Global Infringement and WTO

NO, the Darjeeling brand name should not be extended to other product categories, such as garments including lingerie, soft drinks etc . because :

GI of France(Champagne, Cognac) and UK (Scotch, Sherry) has not been infringed by any other country or in other product categories.

Since the “Darjeeling tea” which is a GI and also called as ”Champagne of Teas” and referred by “Jacksonville Tea company” of Florida (US) as “Darjeeling is to tea,what Champagne is to wine “.

Page 19: Darjeeling Tea Global Infringement and WTO

Hence, if the developed nations can has additional (“absolute”) protection of the GI and can also have ZERO – TOLERANCE for their wines and spirits (Champagne, Cognac, Sherry) then why not “Darjeeling tea” as it is one of its kind in the whole wide world and also an endangered GI.

Page 20: Darjeeling Tea Global Infringement and WTO

The detailed plan to registered “Darjeeling” tea as a geographical indicator is as follows :

The GI should be based on product exclusive features, place name (or words associated with that place ) used to identify that particular product and is found only in that region or place and nowhere else in the world which “Darjeeling tea” does possess.

“Ministry of Commerce” and “Tea Board of India” should go forward for registration of “Darjeeling tea” as GI.

The procedures, rules and regulation should be followed for gaining the equal status of “Darjeeling tea” as compared to Champagne, Cognac etc.