Misuse Of Indian Gis Abroad
1. Introduction: Misuse of Indian GIs Abroad
A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. Examples: Darjeeling Tea, Basmati Rice, Banarasi Sarees.
When Indian GIs are misused abroad, it typically involves:
Unauthorized use of the GI by foreign producers.
Imitation or counterfeiting to mislead consumers.
Exporting products under an Indian GI label without meeting the GI standards.
Such misuse harms:
The reputation of the Indian product.
Farmers and producers associated with the GI.
Indian exports’ market credibility.
International protection is often sought through:
TRIPS Agreement (WTO) – obligates members to protect GIs.
National GI Laws of the country where misuse occurs.
2. Notable Cases of Misuse of Indian GIs Abroad
Case 1: Darjeeling Tea vs. Foreign Producers
Background:
Darjeeling Tea is one of India’s most famous GIs. Its unique flavor comes from tea grown in the Darjeeling region of West Bengal. However, foreign companies, especially in Nepal, China, and the EU, often labeled teas as “Darjeeling” without sourcing from India.
Legal Action:
The Tea Board of India filed actions under international trademark and GI regulations, especially in EU courts.
In 2011, the European Union Intellectual Property Office (EUIPO) confirmed the registration of “Darjeeling” as a GI under EU law.
Outcome:
Only tea grown in Darjeeling, India, can legally be sold as “Darjeeling Tea” in the EU.
Producers abroad had to remove the label, preventing further misuse.
Case 2: Basmati Rice vs. Pakistan / USA
Background:
Basmati Rice is grown mainly in India and parts of Pakistan. Indian exporters claimed that some US companies and Pakistan exporters misused the term “Basmati”, selling rice with the label even if it didn’t meet the authentic criteria (grain length, aroma, origin).
Legal Action:
India filed GI registration applications and negotiated bilateral agreements with the USA and Pakistan.
In the USA, disputes were handled via trademark and GI recognition in US courts.
For Pakistan, joint standards were eventually agreed to prevent labeling of non-Indian Basmati as Indian Basmati.
Outcome:
Strengthened international recognition of Indian Basmati.
Some foreign exporters forced to remove the “Indian Basmati” label if not compliant.
Case 3: Banarasi Sarees vs. International Markets
Background:
Banarasi Sarees, known for their intricate weaving from Varanasi, were often copied abroad, particularly in Europe and the USA, under the “Banarasi” label. These foreign products lacked the traditional handwoven silk quality.
Legal Action:
The Handloom Export Promotion Council (HEPC) and Indian government filed complaints in international markets.
In some cases, EU customs blocked the import of sarees labeled as “Banarasi” but not meeting GI standards.
Outcome:
Recognized as a GI in India in 2009, Banarasi Sarees now enjoy better protection abroad through customs enforcement in select countries.
Case 4: Alphonso Mango vs. Spain / USA
Background:
Alphonso Mango (from Ratnagiri, Maharashtra) is a premium GI. Spanish and American companies sometimes sold imported mango pulp as “Alphonso” even if it was from Brazil or Mexico.
Legal Action:
Indian exporters approached local courts in Spain and USA under consumer protection and trademark laws.
Enforcement was difficult, but joint actions with Indian trade missions and lobbying led to stronger restrictions.
Outcome:
Gradual recognition of authenticity standards abroad.
Indian exporters are now able to enforce GI standards in selected markets through customs notifications.
Case 5: Mysore Sandalwood vs. China
Background:
Mysore Sandalwood is native to Karnataka and has high value for its fragrance and medicinal properties. Chinese companies were marketing synthetic or Chinese sandalwood as “Mysore Sandalwood.”
Legal Action:
Indian sandalwood producers filed cases under TRIPS-compliant GI protection, claiming misuse in international trade fairs and online marketplaces.
In 2017, Indian authorities successfully lobbied to restrict unauthorized labeling of sandalwood products in China.
Outcome:
Strengthened international monitoring of Mysore Sandalwood exports.
Enhanced the authenticity labeling system for Indian sandalwood.
Case 6: Tirupati Laddu vs. International Replicas
Background:
Tirupati Laddu (from Tirumala, Andhra Pradesh) became a GI in 2009. Online stores and shops abroad attempted to market sweets as “Tirupati Laddus.”
Legal Action:
The Tirumala Tirupati Devasthanams (TTD) filed cases under international IP enforcement, especially in the US and UK.
GI recognition prevented the use of “Tirupati Laddu” label by unauthorized sellers.
Outcome:
Only laddus prepared by TTD are marketed under this GI.
Protects religious and cultural integrity along with commercial value.
3. Observations from These Cases
International enforcement is complex: GI rights in India automatically exist domestically, but abroad they need registration under local laws or treaties.
Customs and trade interventions are crucial: Many misuses are prevented via customs notifications in importing countries.
Collaboration with Indian trade missions: Ensures awareness and enforcement in foreign markets.
Branding and authenticity labeling: India is increasingly using certification marks, holograms, and GI tags to prevent misuse.
4. Conclusion
Misuse of Indian GIs abroad is a significant issue, affecting economic, cultural, and legal aspects. Key lessons from case laws:
Proactive international registration under TRIPS is essential.
Trade bodies and GI owners must monitor markets for infringements.
Legal remedies abroad often require trademark/GI recognition in the foreign jurisdiction.
By protecting GIs globally, India not only preserves cultural heritage but also ensures fair economic returns to its producers.
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