naveen kumar .n ba ll.b pgdhrm deccan law squareipindiaservices.gov.in/gi_doc/464/464 - reply...

23
Naveen Kumar .N BA LL.B PGDHRM Advocate High Court Bangalore Deccan Law Square )17 441 /4 Advocates and IP Consultants The Registrar of The Geographical Indications Registry Intellectal Property Office Building G.S.T. Road, Guindy Chennai —600 032 Sub: Reply to the Examination Report dated 22" September 2015, for Geographical Indication Application for betelnut Applications No.464 Respected Sir: With reference to the above-mentioned Examination report for our GI Application No. 464, for the product of SIRSI SUP." RI under class 31, we hereby submit before this Hon'ble Registry for and on behalf of the applicant and reply for the same as follows; 1. That in accordance with the Objection raised in Para 1 of your Examination, we have hereby changed the name of the GI Application as "SIRSI SUPARI", by filing the amended GI Application, the name "SIRSI SUPARI" is in conformity with the areca nuts grown in the geographical area of the Sirsi. The name SIRSI SUPARI is attached with the areca nuts grown in this GOVT. OF ographical area because of its unique quality and flavor of the areca nut, IFITSI IT Geographical Indications Rcc ,i 'st ilirther the areca nuts grown in this geographical region is very popular and 30 JUN 2017 earned enormous good will and reputation in the states like Rajasthan, UP, DY No ...... c 1451N NA!. 3 tjarat, Maharashtra and Bihar Ind few other north Indian states, for its E uniqueness and flavor and the SIRSI SUPARI and its quality of the areca nuts # 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078 Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

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Page 1: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N BA LL.B PGDHRM Advocate High Court Bangalore

Deccan Law Square )17441/4 Advocates and IP Consultants

The Registrar of The Geographical Indications Registry Intellectal Property Office Building G.S.T. Road, Guindy Chennai —600 032

Sub: Reply to the Examination Report dated 22" September 2015, for Geographical Indication Application for betelnut Applications No.464

Respected Sir:

With reference to the above-mentioned Examination report for our GI Application

No. 464, for the product of SIRSI SUP." RI under class 31, we hereby submit before

this Hon'ble Registry for and on behalf of the applicant and reply for the same as

follows;

1. That in accordance with the Objection raised in Para 1 of your Examination,

we have hereby changed the name of the GI Application as "SIRSI

SUPARI", by filing the amended GI Application, the name "SIRSI SUPARI"

is in conformity with the areca nuts grown in the geographical area of the

Sirsi. The name SIRSI SUPARI is attached with the areca nuts grown in this

GOVT. OF ographical area because of its unique quality and flavor of the areca nut, IFITSIIT

Geographical Indications Rcc,i 'stilirther the areca nuts grown in this geographical region is very popular and

30 JUN 2017 earned enormous good will and reputation in the states like Rajasthan, UP, DY No ......

c 1451NNA!. 3 tjarat, Maharashtra and Bihar Ind few other north Indian states, for its E

uniqueness and flavor and the SIRSI SUPARI and its quality of the areca nuts

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

Page 2: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

• Deccan Law Square

• J Advocates and IP Consultants

grown in this region go hand in hand and it cannot be separated as it would

lose its geographical indications in the true spirits of the Act.

2. That in accordance with the objection raised in your examination report, we

have removed "GI REGI1ERED" from the logo and hereby submitting the

amended logo as per your directions.

3. That the Applicant is a Society registered under the Karnataka Co-Operative

Societies Act, 1959. The Society came into existence in the year 1923 by

getting itself registered in the earlier Bombay Presidency in the same year of

1923, later the geographical area came within the State of Karnataka as per

the reorganization of Indian States in the year 1956 then onwards the Society

is deemed to have been registered and governed as per the Karnataka Co-

Operative Societies Act, 1956, the copy of the registration certificate is

hereby attached and marked as ANNEXURE — 1.

a. The Applicant society "THE TOTGARS' CO-OPERATIVE SALE

SOCIETY LTD" is a society registered and governed by the Karnataka

Co-Operative Societies Act, 1959, further the society has come into

existence with the sole objective of getting the fair price and to secured

for its growers and to expand the market for this products with mutual co-

operation and financial assistance of its members, the society has

consisted of total 30,000 members, all the members are farmers and

areca nut cultivators from the same geographical area. All the 30,000

farmers have come together under this Applicant to protect the identity

and its uniqueness associated with the SIRSI SUPARI. Further the

Applicant is a co-operative society that has its presence in all the three

Taluks of Sirsi, Yallapura and Siddapura for providing financial and other

#17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

Page 3: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LLB PGDHRM Advocate High Court Bangalore

Deccan Law Square • Advocates and IP Consultants

assistance to the farmers in addition to other objectives of the society.

Hence the present applicant has got complete rights under the Section 11

(1) of the Geographical Indications Act, 1999, as the applicant represents

the farmers of the area and it is an association of farmers in this region.

b. That the Applicant is registered under Karnataka Co-Operative Societies

Act, 1959, Society and governed by the laws of Karnataka. The applicant

has a Bye Law which is duly registered and registration certificate of the

Society granted by the then Bombay Presidency in the year 1923. We

have herewith have attached the Society Registration Certificate and

Bye-Laws of the Society and marked the same as ANNEXURE — 1 and 2

respectively.

c. That as per the clarification asked in sub para (c) of para 3, areca nut

being Horticulture crop, is grown in these areas, since time immemorial

with the unique shape, special character. Further, the areca nuts grown in

this region is known for its flexibility for cutting the areca nuts to any

shape we want, further the feature and taste also differs from that of other

areca nuts grown in different parts of the country. The standout facts in

these betel nut is the shape of the betel nut which is flattish and round in

nature, compared to other areca betel nuts which are full round. The

uniqueness of this areca nut lies in its characteristic of being cut into

pieces, by soaking this areca nuts in water for 24 hours, then it becomes

feasible for cutting into pieces into various shapes and sizes as per one's

wishes and this type of Areca nuts which are grown only in this

geographical area and also is known throughout India as SIRSI SUPARI.

Hence it becomes eligible for getting the GI Status under section 2 (e) of

the Act.

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

Page 4: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

4 4Deccan Law Square

Advocates and IP Consultants

4. That the Applicant has executed a PA or authorization on GI Form 10 on Rs.

100/- stamp paper, in favor of its Advocate and the same is attached herewith

and submitted in original.

5. That the applicant is hereby submitting and attaching the 'Statement of Case'

in triplicate along with this reply, in order to comply with the objection raised

in para 5 of your Examination Report.

6. That the applicant submits that, this type of areca nut is found in gravelly

laterite soils of red clay and also grown on fertile clay loam soils. Our SIRSI

SUPARI betel nut is grown in Sirsi, Siddapura and Yellapura's on the best

soil called as Cagdala red soil. Sirsi Supari is described as Areca nuts

cultivated in Sirsi, Siddapur and Yellapur Taluk regions of Uttara

Kannada District located in the Western Ghat region of Karnataka State.

Sirsi Supari are medium sized, somewhat flat rounded in shaped,

somewhat ash coloured, hard seed. Further the grain characteristic and

Chemical & Physical Characteristic of the areca nut of this region is

morefully explained in the Analytical report issued by the 'INDIAN

INSTITUTE OF HORTICULTURAL REASEARCH BANGALORE'

dated 24/05/2011, and letter issued by the 'UNIVERSITY OF

HORTICULTURAL SCIENCES, BAGALKOT' supported by two lettes

of colour photos of the Morphological Dirreences between Sirsi Areca nuts

and Mangalore Areca nuts, dated 11/05/2017, and these documents have been

attached herewith and marked as ANNEXURE —3, 4 and 5 respectively.

7. That the applicant submits the products grown in the region of Sirsi, Sidapura

and Yellapura is unique and the quality of the areca nuts grown in these

region is known since time immemorial and the same has been substantiated

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

Page 5: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N BA LL.B PGDHRM Advocate High Court Bangalore

Deccan Law Square • 7 Advocates and IF' Consultants

by the GZETEER of the BOMBAY PRESIDENCY, that was published in

VOLUME-XV, Part-1, this Gazetteer was printed by the Government Central

Press and the same has been annexed herewith and marked as ANNEXURE-

6, also there was a reference in a book written by Editors of K V A Bavappa,

M K Nair and T Prem Kumar, the title of the book is THE ARECA NUT

PALM and the same was published by Central Plantation Crop Research

Institute of Kasargod, this book also has a mention of the Areca nuts grown in

these region and describes the unique traits of the products in these betel nuts,

the extracts of the above mentioned book has been attached herewith and

marked as ANNEXURE — 7, further the betel nuts grown in the region of

Sirsi, Siddapura and Yellapura, is known throught India for its unique

characteristic and traits and the same has been acknowledged by many

institutions and research scholars of various agricultural university, further

the following universities have given a certificate for the uniqueness of the

products in the subjeet matter of the application;

i) Uniqueness Certificate dated: 26/11/2013, issued by 'UNIVERSITY OF

AGRICULTURAL SCIENCES, DHARWAD'.

ii) Certificate of Uniqueness, dated; 15/11/2013, issued by 'II K DIST

ARECA AND SPICES GROWER'S ASSOCIATION'S.

iii) Certificate of Uniqueness, issued by 'IDEA INTEGRATED

DEVELOPMENT EDUCATION ACADEMY' dated; 09/10/2013.

iv) Certificate of Uniquenness, dated 14/11/2013, issued `SAHYADRI

PARISAR VARDHINF

The above-mentioned certificates have been attached herewith and marked as

ANNEXURE-8 (i), 8 (ii), 8 (Lii) and 8 (iv) respectively.

#17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph: 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

Page 6: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Navean Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

• 6 Deccan Law Square

• Advocates and IP Consultants

8. We would like to give a detailed narration of the process and general

practices adopted for the purpose of growing the areca nut in the Sirsi.

Yellapura and Siddapura region, as per the clarification raised in para 8 of

your Examination Report, we prefer to submit as follows;

SIRSI SUPARI" is the long turm crop. Sirsi region climate, soil,

geographical structure and other factors are support the growing of

good quality areca nut. while producing the arecanut following

methods should be used in Sirsi region.

Climate:

Environment plays an important role in production of areca nut. It

grows well within the temperature range of 14°C and 36°C and grown

well in areas receiving annual rainfall of 750 mm to 4,500 mm These

suitable climate is support the production of quality areca in Sirsi

Region.

Soil:

The largest area under the crop is found in gravelly laterite soils of red

clay type. It can also be grown on fertile clay loam soils.

Raising of Seedings:

Areca nut is propagated only by seeds. There are four steps in

selection and raising of areca nut seedlings viz., selection of mother

palms, selection of seed nuts, germination and raising the seedlings

and selection of seedlings.

a) Selection of mother palm:

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

Page 7: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

7 Deccan Law Square

Advocates and IP Consultants 17, While selecting the mother palm the farmer is some point should

be considered like early bearing, regular bearing habit, large

number of leaves on the crown, shorter internodes and high fruit

set, healthiness of mother palm.

b) Selection of Seed Nut:

Fully ripened nuts ha N lag weight of above 35 g should be selected.

The nuts selected should float vertically with calyx-end pointing

upwards when allowed to float on water. These nuts produce the

seedlings of greater vigor.

Primary and Secondary Nurseries:

For obtaining good germination, the seed nuts should be sown as

whole fruits. The nuts should be sown immediately after the harvest in

soil or sand and watered daily to get early and good germination. The

nuts should be sown at 15 cm distance in vertical position with calyx

end just covered. The beds may be mulched lightly using areca leaf or

paddy straw.

After six months in primary nursery, the seedlings are to be

transplanted to secondary nursery beds of 150 cm width, 15 cm height

and convenient length. A spacing of 30 cm between the seedlings is

considered to be optimum for a growth period of one year in the

nursery. Polythene bags (25x15cm, 150 gauge) filled with potting

mixture (top soil: FYM: sand = 7:3:2) can also be used to raise

secondary nursery. Sprouts of 3 months old should be used. The

secondary nursery should be given a basal dose of decomposed farm

yard manure@ 5 tonnes per ha. Areca sprouts and seedlings are very

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

Page 8: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N BA LL.B PGDHRM Advocate High Court Bangalore

• 8 Deccan Law Square

• Advocates and IP Consultants

delicate and do not withstand exposure to direct sunlight. Hence,

proper shade should be provided to the nursery.

The nursery should be watered regularly in the summer and proper

drainage should be provided in rainy season. The nursery should be

kept clean by periodical wedding.

Selecting of Seedlings:

Twelve to eighteen-month-old seedlings are to be selected and

transplanted in the main field. Seedlings with maximum number of

leaves (five or above), minimum height and maximum girth are to be

selected for planting. The selected seedlings should be removed with a

ball of earth adhering to the roots for planting. The farmer should

ensure that selected seed should be healthy one before planting it in te

field.

Selection of site and layout: •

The crop thrives well in humid areas protected well against hot sun

and heavy wind. Since the areca palm does not withstand either water

logging or drought, the site selected should have proper drainage and

adequate source of water for irrigation. Arecanut palm cannot

withstand extreme temperature and exposure to direct sun. Hence, the

site selected should have protection from southern and western

sides. The soil depth and the depth of water table are other two

parameters to be considered while selecting the site. The soil should be

deep (preferably not less than two meters) and water table should be

sufficiently low for better root development. Aligning the rows in

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

Page 9: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

9 eccan Law Square

Advocates and IP Consultants )6* north-south direction with a deviation of 35° towards south-west

lowers the incidence of sun-scorch.

Spacing:

This depends on the rooting pattern of the crop along with the fertility

and depth of the soil. The studies conducted at different places with

different spacing have revealed that a spacing of 2.7 m X 2.7 m is

optimum for arecanut. • -

Depth of Planting:

In well-drained soils and in the fields where proper drainage can be

provided, deep planting is preferred. Deeper planting provides a firm

anchorage and larger volume of space for root development. In areas

where water table is high, shallow planting is preferred. Thus, in well-

drained soils, planting at a depth of 90 cm is recommended and in

heavy soils planting at a depth of 60 cm is recommended.

Season of Planting:

In areas where South-West monsoon is severe, planting in the month

of September-October is recommended. In other areas planting can

also be done in the months of May-June.

Drainage:

For better growth and development of the plants proper drainage is

essential. The number of drainage channels depends upon the soil

type. In light soils the number of channels may be less and in heavy

soils the channels should be dug in each row for proper draining of the

#17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

Page 10: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

• asjDeccan Law Square • J Advocates and IP Consultants

excess water. The channels should be at least 15 — 30 cm deeper than

the depth at which the seedlings are planted.

Shading:

The palms are highly susceptible for sun scorching. The seedlings

should be given protection against the direct exposure to sun. This

may be done either covering the plants with areca or coconut leaves or

by raising crops like banana in between two rows of areca nut. Sun

scorching is mostly seen during October — January. During this

period, even the stems of young palms have to be protected. For this a

quick growing shade plant can be planted on Southern and Western

sides of the garden.

Nutrient Requirement:

Annual application of 100 g N (220 g urea), 40 g P205 (200 g rock

phosphate) and 140 g 1(20(235 g muriate of potash) in addition to 12

kg each of green leaf and compost per palm per year is recommended.

The fertilizers are to be applied in two split doses. One third of the

fertilizer is applied in May - June and two third along with the

organics during September-October. Fertilizers are applied in basins

around the palm dug to a depth of 15-20 cm and 0.5-1.0 m radius

leaving 20 cm from the base of the palm. After application, the soil is

rolled up and covered with organic matter and soil.

Organic matter recycling:

On an average, 5.5 to 6.0 tonnes of wastes are available from one ha of

areca garden per year. This can be effectively used as organic source

of nutrients for areca palms. But direct application of these wastes in # 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase

Nr Brigade Millennium signal, Bangalore - 560078 Ph : 080 - 40971158. 080-60501009.

E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com.

Page 11: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

• Deccan Law Square

• Advocates and IP Consultants

the garden will take long time for decomposition and will not meet the

nutrient demand of the crop immediately. Hence, these materials can

be composted using earthworms effectively and used as organic

manure in areca gardens.

To prepare vermicompost, areca wastes are chopped into small pieces

of 10 cm and heaped. The heap should be mixed with cow dung slurry

@ 10 kg / 100 kg of waste and kept for two weeks with sprinkling

water daily. Then the chopped material is arranged in beds of one-

meter width and convenient length. Cement tanks or trenches can be

used for this purpose. A layer of 10-15 cm waste material is alternated

with 2 cm layer of cow dung over which earthworms are released at

the rate of 1000 numbers per square meter. The wastes are converted

into fine granular, odourless vermicompost within 60 days. During

this period, the earthworm population is doubled. About 8 kg

/palm/year of vermicompost meets the crop nutrient demand in terms

of nitrogen. The two species of earthwormsEudrdus

eugeniae and Eisenia foetida can be used.

Cultural Operations:

The cultural operations vary from area to area. In Maland tracts the

main purpose of cultivation is to loosen the soil and to rebuild the soil

fertility after the heavy rains during monsoon. In Maidan tracts, the

purpose of cultivation is to conserve the soil moisture and prevent the

hardening of the soil, as the soils are heavy in these areas. In general

the cultivation was found to increase the yield by 10-20%. In light

soils digging can be done once in two years. But in heavy soils

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

Page 12: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Naveen Kumar .N • BA LL.B PGDHRM 12 Deccan Law Square Advocate • Advocates and IP Consultants

High Court Bangalore

digging has to be done every year. Clean cultivation was found to give

better yield. When planting is done on hill slopes, contour planting

gave highest yields. Mulching is another operation being followed in

the arecanut gardens. This checks evaporation during summer, erosion

during rainy seasons and keeps the weeds under check. Chopped areca

leaves, grass, arecanut husk and dry leaves collected from the forests

can be used as mulch in areca gardens.

Irrigation:

Arecanut cannot withstand drought for a long time. Being a perennial

crop, once affected by water stress, it may require two-three years to

regain the normal vigour and yield. The death of palms due to

moisture stress is also not uncommon. Irrigation intervals of 5 and 10

days were found superior throughout the season. The quantity of

water to be applied is about 200 lit per palm/irrigation.

During the summer, majority of the farmers face scarcity of water and

it will be difficult to supply the required water to the palms. To

overcome this problem, new irrigation methods were tried which can

save water without affecting the yield of arecanut. They are sprinklers

and drip irrigation methods. Sprinkler and drip irrigations can save 20

and 44 per cent respectively of water.

Fertigation:

Application of nutrients through irrigation water is called as

fertigation. This procedure can be profitably followed in arecanut.

The studies at CPCRI have shown that in the initial stages of areca

garden only 75% of the recommended dose of fertilizer is sufficient

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

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Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

1 3 Deccan Law Square

)1/4) Advocates and IP Consultants

when the fertilizer was given through drip irrigation. The fertilizer

should be split into ten parts and should be applied once in 20 days

from November to May.

Arecanut based cropping systems:

Arecanut 's cultivated with spacing of 2.7 X 2.7 m provides ample

scope for cultivation various annual by biennial and perennial crops in

the inter spaces.

Banana, pepper, cocoa, elephant foot yam, citrus, betelvine, pineapple

etc. were found suitable for inter/mixed cropping in arecanut.

However, it is found that as the age of the garden advances, only few

crops can be grown profitably as mixed crop viz., pepper, cocoa,

banana, lime and betelvint..

Weed Magement:

Keep the garden free of weeds and break up surface crust by light

forking or digging after cessation of monsoon during October-

November. In slopes, prevent soil erosion by terracing. Sow seeds of

green manure-cum-cover crops such as Mimosa invisa, Stylosanthes

gracilis and Calapagonium muconoides in April-May with the onset of

pre-monsoon rains. Cut and apply them to the palms in September-

October.

Harvesting and Yield:

The pre-bearing age of the palm ranges from 5 to 8 years. Though

inflorescence initiation has been observed in every leaf axil, there is

absorption of inflorescences to about 5 per cent. The plant is

monoecious. producing both male and female flowers on the same

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 -40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

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Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

• 14 Deccan Law Square

• Advocates and IP Consultants

tree. The spadix of a grown-up palm produces on an average, 294

female flowers. The colour of the fruit during its growth changes from

green to different shades of yellow and red during ripening. In some

places, tender nuts are mature nuts are harvested. Tender nuts are

harvested from July to December and ripe nuts from December to

March or from May to July. Three or four plucking are done during the

whole season.

YIELD:

With normal good management practice, an arecanut palm may yield

around 300-400 nuts / palm /year.

Storage:

There are 14 insect and mites that can damage the nuts during storage.

Hence storing in jute bags soaked in 0.1% Lindane solution is

recommended. When nuts are stored in such bags, they remain free

from insect infestation for upto six months. Phostoxin tablets @ 800 g

/100 m3 are also effective in controlling stored areca nut pests.

9. That in response to the objection raised in Para 9 of the Examination report,

the applicant submits that the environment of Sirsi is considered to be a god

gift for cultivating and harvesting the areca nut crop. The environmental

condition is favourable for the growth of the arecanut in Sirsi region by

keeping the temperature of the region 27 to 36 or 39. The natural environment

of the Sirsi, Siddaapura and Yellapura'i climate is so conducive, with the

available soil, temperature, rain and running water in streams, that they

actually have the capability to produce the kind of areca nuts in the subject

matter and the same cannot be grown either by adopting or altering the

#17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

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Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

Deccan Law Square • Advocates and IP Consultants

pattern of the cultivation in any other regions in India. Areca trees are grown

well in temperature from 27-36 °, during summer (February to May) Sirsi,

Siddapura and Yellapura region's temperature is between 28-39°, further

during rainy season ( June to September ) the average rain fall in there region

is between 1800 to 2000 mm, every farm land, in these region, has a natural

streams that facilitate the excess water to run down, and also have closed and

open drainage system that push out the excess water after irrigating the farms,

this is considered and proven to be the only conducive climate for areca nut

cultivation. At this season areca growers irrigate their areca plants, and also

engage in the cultivation of new plants in the places where age old existing

areca tree stopped giving any yield or fell for any reason, this is the seasons

when farmers engage themselves in agricultural activities for the production

of areca nuts. After that areca trees grown in these areas by adopting the

above-mentioned method and in such climate, gets the immunity to survive

the severe drought of 3 to 4 years and even have the capability to survive with

the minimum available water for some years. The Areca nuts grown in these

climatic condition gets ripened during winter season from October to January.

Herewith have attached three different colour photos where the harvesting

and cultivation uniqueness of the Sirsi Supari grown in these region, the same

photos are attached herewith and marked as ANNEXURE — 9 (a), 9(b) and

9(c).

10. That Sirsi Supari is unique for many reasons and reference may be had to

what has been stated herein above. The areca nuts grown in these regions

have an unique feature like round coin shape and when it is seen by side it is

seen by its edges which makes it completely different from any other

available areca nuts in the country. On the other hand, betel nut grown in

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

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Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

• 16 Deccan Law Square

• Advocates and IP Consultants

Mangalore or Kerala state have a pyramid or oblong or conical shape and this

can be gown in any region. Further the areca nuts grown in the region of

Sirsri, Siddapura and Yellapura have differences in terms of shape, size,

cutting, taste also. SIrsi Supari is flat one with round and non-pyramid shape.

Taste of this areca nut is also different and this difference in taste can be

made out by anyone. Further the applicant begs to submit the letter issued by

the Head of 'UNIVERSITY OF HORTICULTURAL SCIENCES,

BAGALKOT' dated 20th June 2017 along with the photos that explains the

'Morphological differences between Siisi and Mangalore Type Arecanuts.

The same has been attached herewith and marked as ANNEXURE — 4 and 5

respectively.

11. That the applicant is a registered Society that consists of 15 directors, whose

tenure is Five years, and these directors are elected in an election conducted

once in five under the Societies act and this election is conducted by Election

Commission of India, all the members of society have equal votes for electing

all the 15 directors. The person who wants to contest in this election shall be a

member of the society for not less than 3 years. Presently the society has

consisted of total 30,000 members and all the names and addresses each

society member is compiled in a Compact Disk and produces herewith in a

Compact Disk and marked as ANNEXURE — 10.

12. That the traditional practice adopted by the growers in these region is

completely different that the practice adopted in other parts of the areca nut

growers. Planting or replanting of areca nut plants usually carried in the

month of October i,e immediately after rainy season and before start of

winters. The process of seeding &tea nut is culled from matured plant during

harvesting season and plants are developed in the field or in poly bags.

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

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Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

17 Deccan Law Square

)11/4 Advocates and IP Consultants

Usually farmers themselves develop nursery plants. One year old plants are

taken for replanting in the plantation. According to ancestor's view areca

plants should be planted in the "BAGAYAT" area which means the land that

is wet enough to grow the areca nut trees and also have the ability to sustain

the severe drought and rain deficiency. New plant starts bearing fruits after 5-

6 years. some land may have to irrigated if there is scarcity of water to plants.

Harvesting season is from Novembe: to January and all this farming is

supported by organic farming method.

13. As per your direction, we are herewith enclosing the "Geographical Map of

Sirsi Supari" of the area where this type of SIRS1 SUPARI is grown, the two

copies of the same map is attached and marked herewith as ANNEXURE —

11.

14. That as per the directions of Hon'ble Registrar, we have set up a team for

conducting the quality check and to evaluate the process adopted by the

farmers of the Sirsi, Siddapura and Yellapura region and headed by Dr.

Laxminarayan Hegde, who is a professor and Head of the Department at

'Horticulture Research and Extension Center' which is unit of 'University of

Horticultural Sciences, Bagalkot'. The said committee has given its report

and the same is attached herewith as 'Committee Report' and marked as

ANNEXURE — 12.

15. That the applicant undertakes to set up a committee to regulate the use of GI

in the territory in respect of the gcods and the same will be communicated to

this Hon'ble Registrar as soon as it is formed.

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: naveen©deccanlawsquare.com Web : www.deccanlawsquare.com

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Naveen Kumar .N B.A LL.B PGDHRM Advocate High Court Bangalore

18 Deccan Law Square )1141 /41 Advocates and IP Consultants

16. That the applicant hereby submits the Affidavit made by Mr. Raveesh A

Flegde (General Manager, TSS), the contents of the Affidavit is verified and

duly notarized by the Notary lawyer.

17. That the applicant has completely revised the GI Application and is

submitting the amended GI Application in triplicate along with the Statement

of Case as per the direction in para 17 of your Examination Report.

In the light of the above-mentioned submission, we humbly request the Hon'ble

Registrar to grant the GI Status to the goods of 'SIRS' SUPAR1' areca nut

products that grows in the regioh of Sirsi, SIddapura and Yellapura to

maintain its uniqueness and preserve the purity and quality of the same.

Date: 30th June 2017 Your's Sincerely Place: Bangalore

Naveen Kumar N Advocate for the Applicant

# 17/1, 1st Floor, 1st Cross, Sri Rama Layout, Chunchghatta Mn Rd, JP Nagar 7th Phase Nr Brigade Millennium signal, Bangalore - 560078

Ph : 080 - 40971158. 080-60501009. E-mail: [email protected] Web : www.deccanlawsquare.com

Page 19: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

ticc1444

Certificate No. Certificate Issued Date Account Reference Unique Doc. Reference Purchased by Description of Document Description Consideration Price (Rs.)

First Party Second Party Stamp Duty Paid By Stamp Duty Amount(Rs.)

INDIA NON JUDICIAL

Government of Karnataka e-Stamp

IN-KA59717112832399P 28-Jun-2017 04:06 PM NONACC (FI)/ kaksfc108/ SIRSI3/ KA-KW SUBIN-KAKAKSFCL0868151353349692P THE TOTGARS CO OPERATIVE SALE SOCIETY LTD SIRSI

Article 12 Bond AUTHORIZATION LETTER 0 (Zero)

THE TOTGARS CO OPERATIVE SALE SOCIETY LTD SIRSI

THE REGISTRAR OF G I CHENNAI THE TOTGARS CO OPERATIVE SALE SOCIETY LTD SIRSI 100 (One Hundred only)

Ct( )gt Auttkpitsed Ignatory

The Totgars' Co-operative Sale Society Ltd., SIRSI (U.K.)

AFFIDAVIT

I Raveesh A. Hegde, aged about 51 years, presently working in the capacity of General Manager of the The Totgars' co-operative sale society Ltd Sirsi (U.K.)-581

For The Totgars' Co-onorttme Sale Soc.ety Ltd., SIRSI (U.K.1

NO. OF CORRECTIONS: \--.N Statutory Alert:

he authenticity of this Stamp Certificate should be verified at - www.sricilestarne.corn" Any discrepancy in the cISPYQQATEANOTARY available on the website renders it Invalid.

2. The onus of checking the legitimacy 'son the users of the certificate 'HOSPET ROAD, SIRS, (U.K.4 3.1n case of any discrepancy please inform the Competent Authority.

Gene-riganagel

&JO-Oak&toc

G. P. HEGIDE B.Com.,LL.B.(Spl.)

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material fact and document affecting the present applicant of Geographical Indication, to the best of my knowledge, and information.

Date: 28-06-2017

Place: Sirsi, Karnataka For The Totgars' Co-oonretire Sale Soc.ety Ltd., SIRSI

General-lager

Signature of Deponent

SWORN TO BEFORE ME

(.1W1411)(

G. P. BEGDE B Com ,LL B• (SO )

ADVOCATE 8. NOTARY HOSPET ROAD, Stilil (U.K.)

NO. OF CORRECTIONS:v.:\

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STATEMENT OF CASE

Name of the Geographical Indication: SIRSI SUPARI. Type of Goods: Class 31(Fourth Schedule) Horticultural Produce (Areca nut) About the Applicant: The Totgars' Co-operative Sale Society Ltd.,

Market Yard, Sirsi-581402, Uttara Kannada Dist. Karnataka

The Applicant society "THE TOTGARS' CO-OPERATIVE SALE SOCIETY LTD" is a society registered and governed by the Karnataka Co-Operative Societies Act, 1959, further the society has come into existence with the sole objective of getting the fair price and to secured for its growers and to expand the market for this products with mutual co-operation and financial assistance of its members, the society has consisted of total 30,000/- members, all the members are farmers and areca nut cultivators from the same geographical area. All the 30,000 farmers have come together under this Applicant to protect the identity and its uniqueness associated with the SIRSI SUPARI. Further the Applicant is a co-operative society that has its presence in all the three Taluks of Sirsi, Yallapura and Siddapura for providing financial and other assistance to the farmers in addition to other objectives of the society. Hence the present applicant has got complete rights under the Section 11 (1) of the Geographical Indications Act, 1999, as the applicant represents the farmers of the area and it is an association of farmers in this region.

Specification of Sirsi Supari: Sirsi Supari is described as Areca nuts cultivated in Sirsi, Siddapur and Yellapur Taluk regions of Uttara Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari are medium sized, somewhat flat rounded in shaped, somewhat ash coloured, hard nut. composition of Sirsi Supari

SI.No. Parameter Sirsi Supari

1 Average Dry weight (g) 7.7

2 Total Carbohydrates (%) 26.67

3 8.94 Total Protein (%)

4 Total Polyphenols (%) 17.42

1

Page 22: Naveen Kumar .N BA LL.B PGDHRM Deccan Law Squareipindiaservices.gov.in/GI_DOC/464/464 - Reply to...Kannada District located in the Western Ghat region of Karnataka State. Sirsi Supari

Arecanut is cultivated with spacing of 2.7 X 2.7 m provides ample scope for cultivation various annual by biennial and perennial crops in the inter spaces. Banana, pepper, cocoa, elephant foot yam, citrus, betelvine, pineapple etc. were found suitable for inter/mixed cropping in arecanut. However, it is found that as the age of the garden advances, only few crops can be grown profitably as mixed crop viz., pepper, cocoa, banana, lime and betelvine. Weed Magement Keep the garden free of weeds and break up surface crust by light forking or digging after cessation of monsoon during October-November. In slopes, prevent soil erosion by terracing. Sow seeds of green manure-cum-cover crops such as Mimosa invisa, Stylosanthes gracilis and Calapagonium muconoides in April-May with the onset of pre-monsoon rains. Cut and apply them to the palms in September-October. Harvesting and Yield The pre-bearing age of the palm ranges from 5 to 8 years. Though inflorescence initiation has been observed in every leaf axil, there is absorption of inflorescences to about 5 per cent. The plant is monoecious, producing both male and female flowers on the same tree. The spadix of a grown-up palm produces on an average, 294 female flowers. The colour of the fruit during its growth changes from green to different shades of yellow and red during ripening. In some places, tender nuts are mature nuts are harvested. Tender nuts are harvested from July to December and ripe nuts from December to March or from May to July. Three or four plucking are done during the whole season. Yield With normal good management practice, an arecanut palm may yield around 300-400 nuts / palm / year. Storage There are 14 insect and mites that can damage the nuts during storage. Hence storing in jute bags soaked in 0.1% Lindane solution is recommended. When nuts are stored in such bags, they remain free from insect infestation for upto six months. Phostoxin tablets @ 800 g / 100 m3 are also effective in controlling stored areca nut pests.

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WW1 •31 -1

Certificate No. Certificate Issued Date Account Reference Unique Doc. Reference Purchased by Description of Document Description Consideration Price (Rs.)

First Party Second Party Stamp Duty Paid By Stamp Duty Amount(Rs.)

INDIA NON JUDICIAL

Government of Karnataka

e-Stamp

IN-KA34550441979547P 16-May-2017 06:00 PM NONACC (Fl)! kaksfc108/ SIRSI3/ KA-KW SUBIN-KAKAKSFCL0817715101988541P THE TOTGARS CO OPERATIVE SALE SOCIETY LTD SIRS!

Article 12 Bond AUTHORIZATION LETTER 0 (Zero)

THE TOTGARS CO OPERATIVE SALE SOCIETY LTD SIRSI

MR NAVEEN KUMAR BANGALORE THE TOTGARS CO OPERATIVE SALE SOCIETY LTD SIRSI 100 (One Hundred only)

AuthonertintoPy The totgars' CO-r"1" itiVe Sale Society Ltd, Gip (U.K.)

Please write or type below this line

FORM GI 10

Form of authorization of an Advocate in a matter of proceedings under the Act (Section 76 and Rule 20)

"Tz.?cacrca GNI - cnA ̀ te-- scsimie2-'4 I'M having office at, fla-Y1C-ei jcxr-k911 /4, SI. Y-2 Laitoiro. 1 4 612?_

Statutory Alert: ' The authenticity of this Stamp Certificate should be verified at 'wymi.sholestaing.com Any re.pancy in the details on this Cegificate and as

available on the website renders it invalid the onus of checking the legitimacy is on Ine users of the certificate.

case of any discrepancy please infoim the Competent Authority.