May 21st is International Tea Day, and one of the world’s most beloved beverages is deeply steeped in law.
Historically, tea has been shaped by law, through tariffs, monopolies, and trade regulations. Sugar, produced on Caribbean plantations by slaves and indentured servants, sweetened the tea cups of Europe and drove a brutal economy. The Tea Act of 1773, which gave the British East India Company preferential trade rights, led to legal unrest and protests, most notably, the Boston Tea Party. These early legal measures helped shape the foundations of today’s trade, customs, and intellectual property laws.
Intellectual property law continues to play a major role in the modern tea industry:
GEOGRAPHICAL INDICATIONS (GIs)
We often think about Darjeeling, Assam or Ceylon tea. GIs protect the unique qualities of teas linked to their origin, ensuring authenticity and economic value for the regions that produce them.
PLANT VARIETY PROTECTION
New tea cultivars are continuously being developed to enhance resistance, yield, or flavour. These innovations can be safeguarded under plant breeders’ rights, providing recognition and reward for agricultural innovation.
TRADEMARKS
Global tea brands like Lipton, Twinings, and Tetley are protected by robust trademark portfolios. The names of boutique blends, along with their associated logos and taglines, can be safeguarded to establish brand identity and foster consumer trust.
TRADE SECRETS
The exact blend of herbs and flavourings in some teas remains closely guarded. These recipes may be considered trade secrets and are legally protected.
PACKAGING AND INDUSTRIAL DESIGNS
The unique shape of a teabag, tin, or bottle can also be protected to distinguish one product from another in crowded markets.
Other than IP, there are human rights and environmental legal issues that continue to affect the tea industry. Labour rights remain a concern, as tea workers in some regions face low wages, poor working conditions, and limited protections. Meanwhile, climate change threatens yields and supply chains, raising legal questions around sustainability standards and environmental regulation.
As we celebrate the cultural and commercial value of tea, and the intellectual property laws that now protect it, we must also honour the human cost that made it possible. A cup of tea carries with it a legacy of labour, creativity, and resilience.
Happy International Tea Day!
Protecting the Brew: The Intellectual Property in a Cup of Tea
