The protection of geographical indications in developing countries: The case of Ceylon tea

“Ceylon Tea has its own subculture and a heritage that nurtured over 140 years. It is a way of living and has plethora of attitudes. The rich cultures and secrets of the industry have refined through many generations.” As it is vividly illuminated by commentators, “Sri Lankan Tea” which is well known as “Ceylon Tea” has been not only a geographical indication but also has been pillar of Sri Lankan culture, heritage and identity. Sri Lankan tea industry is, of course, a top contributor of foreign exchange of the economy. With that practical insight, this article attempts to analyse the current protection of geographical indication in Sri Lanka from different perspectives. This article first addresses the economic, cultural and social importance of geographical indications. Secondly, it discusses the international legal instruments relating to Geographical indications. Thirdly, it examines the protection accorded for geographical indications under the current Intellectual Property regimes of Sri Lanka. This article also provides useful insights on Indian experience based on a case study of ‘Darjeeling Tea’. Finally, it offers several suggestions to enhance the protection of geographical indications in Sri Lanka.