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Appellation of Origin & Indication of Source – Detailed Analysis

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1. Introduction

• A Geographical Indication (GI) is a form of intellectual property that protects names and signs which identify goods having a specific geographical origin and possess qualities, reputation, or characteristics linked to that origin.
• Protected in India under the Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereafter, GI Act).

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2. Indication of Source

• Definition:
  It is the simplest form of geographical indication. It only shows where the product comes from, but does not guarantee quality or characteristics.

• International Reference:
  Article 1(2) of the Paris Convention, 1883 recognizes “indications of source.”

• Example:

  • “Made in India” or “Product of France” on a label.
  • A watch labeled “Swiss” tells us it is from Switzerland, but does not mean it is of high quality.

• Indian Law:
  Not directly defined in the GI Act, 1999, but falls within Section 2(1)(e) (definition of GI), which requires geographical origin.

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3. Appellation of Origin

• Definition:
  An appellation of origin is a higher category of GI.
  It refers to a geographical name that not only identifies the place of origin but also indicates that the qualities, reputation, or characteristics of the product are essentially due to that geographical environment.

• International Reference:

  • Defined under the Lisbon Agreement (1958).
  • Example: Champagne (France), Tequila (Mexico).

• Indian Law:
  Covered by Section 2(1)(e) of the GI Act, 1999, which says:

  “GI means an indication which identifies goods as agricultural, natural, or manufactured goods as originating or manufactured in a territory, region, or locality, where a given quality, reputation, or other characteristic of such goods is essentially attributable to its geographical origin.”

• Example in India:

  • Darjeeling Tea – Taste and aroma come from the climate and soil of Darjeeling.
  • Kanchipuram Silk Saree – Special weaving style and design due to the tradition of that region.

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4. Key Differences

Basis	Indication of Source	Appellation of Origin
Scope	Simple statement of geographical source	Source + qualities/reputation linked to environment
Legal Protection	Weaker	Stronger
Example	“Made in Japan”	“Darjeeling Tea”
Indian Law	Not expressly defined	Defined in Section 2(1)(e) GI Act, 1999

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5. Important Sections – GI Act, 1999

• Section 2(1)(e) – Definition of GI.
• Section 6 – Maintenance of GI Register.
• Section 21 – Rights conferred by registration (exclusive right to use GI).
• Section 22 – Infringement of GI (misleading or unfair use).
• Section 24–26 – Provisions related to protection and exceptions.

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6. Case Laws

(i) Tea Board of India v. ITC Ltd. (2011, Calcutta HC)

• Facts: ITC opened a lounge in Kolkata named “Darjeeling Lounge.”
• Issue: Could “Darjeeling” be used without connection to tea?
• Decision: Court held that “Darjeeling” has a reputation as a GI (Darjeeling Tea). Its use in unrelated businesses could mislead consumers.
• Significance: Established strong protection for appellations of origin in India.

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(ii) Scotch Whisky Association v. Pravara Sahakar Karkhana Ltd. (1992, Bombay HC)

• Facts: An Indian company produced whisky using “Scotch” on labels.
• Decision: Court restrained the Indian company, holding that “Scotch Whisky” is an appellation of origin and cannot be used for Indian products.
• Significance: Protected foreign appellations of origin in India even before the GI Act, 1999.

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(iii) Darjeeling Tea Case (Tea Board of India v. D.S. Bist, 1980s)

• Issue: Whether “Darjeeling Tea” could be protected as a unique product.
• Decision: Recognized that Darjeeling Tea is not just a name but represents a special quality linked to soil, climate, and geography.
• Importance: Basis for India’s later GI protection.

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7. Conclusion

• Indication of Source = “From where the product comes.”
• Appellation of Origin = “From where it comes + qualities due to that place.”
• Indian law protects both under the GI Act, 1999.
• Case laws like Tea Board v. ITC and Scotch Whisky case confirm that misusing a GI can mislead consumers and damage the reputation of genuine producers.