India is preparing the paperwork to patent Darjeeling tea so that multinational companies cannot use the name without paying a royalty. In much the same way as sparkling wine from the Campagne region of France is called "champagne", Darjeeling can only be used if it is tea from the region of India's West Bengal state bordering Nepal.

The Indian Tea Board's patent proposals are currently being studied by the commerce ministry in Delhi, which has expressed concern that some countries were selling their teas as Darjeeling in absence of a patent right.

"The Tea Board has decided to patent the brand Darjeeling tea,"" West Bengal Industry Minister Nirupam Sen told rediff.com. "The lack of a patent for Darjeeling tea currently allows any tea from any garden to be sold as Darjeeling tea." India could theoretically demand royalty for selling tea under the brand name Darjeeling tea once it wins the patent. The Indian tea industry has set an export target of 205 million kg this year.