Scotch Whisky is a perfect example. The primary obligation is that all WTO members must provide means for interested parties to prevent use which misleads the public on the geographical origin of goods. The second criteria is that the use should not amount to unfair competition. Thus, a tea which claims to be Darjeeling tea may actually be of the same or better quality than that which comes from Darjeeling. However, the fact that the tea is actually grown in Sri Lanka is a violation of the geographical indications portion of TRIPs.
Special protection is provided to wines and spirits.
In these cases, usage by other regions is not allowed at all even if the said usage is neither misleading nor constitutes unfair competition. The exceptions deal with the situation where a geographical indication has become a generic term in the local language, or where there are other forms of established usage. In these cases, the country must enter into bilateral or multi-lateral negotiations with the other countries for the protection of individual indications for wines and spirits. The Act provides for the establishment of a Geographical Indications Registry. Under the Act, the registered proprietor of the GI and the authorized user or users shall have the right to use the GI exclusively in relation to goods for which the GI is registered.