SNDT WOMEN’S UNIVERSITY LAW SCHOOL

Name : Varsharani. K . Surwade

Roll no: 8

Class: 2nd year LLM, semester 3rd

Subject: Law of industrial design, geographical indication, layout,

design etc

Professor name: Adv. Prachi Patel

Assignment topic: GI of Pokkali rice

 INDEX

Sr.no Particulars Pages

1 Introduction
2 Procedure for
Filing G.I
Application
3. Application Details

4. About

5. Statement of Case

6. Examination report
and reply

7. Map

8. Certificate

9. Conclusion

10. Reference
 Introduction

Italian Parmigiano, Mexican Tequila, French Roquefort, Bikaneri

Bhujia, Kolhapuri Chappals, Mysore Silk are all some examples of
Geographical Indications and appellations of everyday life. The
Geographical Indications of Goods (Registration and Protection) Act,
1999 (GI Act), in Section 2€, defines the term “geographical indication”
as –

“An indication which identifies such goods as agricultural goods,

natural goods or manufactured goods as originating, or manufactured in
the territory of a country, or a region or locality in that territory, where
a given quality, reputation or other characteristic of such goods is
essentially attributable to its geographical origin and in case where such
goods are manufactured goods one of the activities of either the
production or of processing or preparation of the goods concerned takes
place in such territory, region or locality, as the case may be.”

This is the legally accepted definition of geographical indication in India

since the Act came into force since the 15 th of September, 2015.

In simpler terms, GI is a status accorded to a good which is unique to a

particular region or area, and are originated from there. These goods
have a reputation for their quality. They are associated with a sense of
legitimacy and trust simply because they have the tag of belonging to
that region. For example, Basmati rice is known for its unique aroma
and long grains. It is unique to the Indo-Gangetic plains. Seven states of
India, after a long drawn legal battle have been accorded with the status
of Geographical Indication (GI) in 2016.

The following types of goods are covered under the ambit of GI –

 Agricultural (example, Basmati rice)

 Natural (example, Makrana marble)
 Handicraft or of any industry (example, Kashmiri pashmina)
 Food stuff (example, Dharwad pedha)

This has been mentioned in Section 2(g) of the GI Act.

The abovementioned goods are easily associated with the place where
they are manufactured or grown.
 Procedure for Filing G.I Application

I. Form and signing of application

1. Every application for the registration of a geographical indication

shall be made in the prescribed form (GI-1A to ID) accompanied by the
prescribed fee ( Rs.5,000).

2. It shall be signed by the applicant or his agent.

3. It must be made in triplicate along with three copies of a Statement

of Case accompanied by five additional representations.

II. Fees

1. Fees may be paid in cash or sent by money order or by a bank draft

or by a cheque.

2. Bank Drafts or cheques shall be crossed and be made payable to the

Registrar at the appropriate office of the Geographical Indication
Registry

. 3. It should be drawn by a scheduled bank at the place where the

appropriate office of the Geographical Indications Registry is situated.
4. Where a document is field without fee or with insufficient fee such
document shall be deemed to have not been filed.
III. Sizes

1. All applications, shall be typewritten, lithographed or printed in Hindi

or in English.

2. It should in large and legible characters with deep permanent ink

upon strong paper, on one side only.

3. The size should be a approximately 33 cms by 20 cms and shall have

on the left and part thereof a margin of not less than 4 centimeters.

IV. Signing of documents

1. In case of i. An association of persons or producers shall be signed by

the authorized signatory. ii. A body corporate or any organization or any
authority established by or under any law for the time being in force
shall be signed by the Chief Executive, or the Managing Director or the
secretary or other principal officer. iii. In case of partnership it shall be
signed by at least one of the partners.

2. The capacity in which an individual signs a document shall be stated

below his signature.

3. Signatures shall be accompanied by the name of the signatory in

English or in Hindi and in capital letters.

V. Principal place of business in India

1. Every application for registration of a G.I shall state the principal
place of business in India.

2. A body corporate should state the full name and nationality of the
Board of Directors.

3. Foreign applicants and persons having principal place of business, in

their home country should furnish an address for service in India.

4. In the case of a body corporate or any organization or authority

established by or under any law for the time being in force, the country
of incorporation or the nature of registration, if any, as the case may be
shall be given.

VI. Convention Application should contain the following

1. A certificate by the Registry or competent authority of the

Geographical Indications Office of the convention country.

2. The particulars of the geographical indication, the country and the

date or dates of filing of the first application.

3. The application must be the applicants’ first application in a

convention country for the same geographical indications and for all or
some of the goods.

4. The application must include a statement indicating the filing date of

the foreign application, the convention country where it was filed, the
serial number, if available.
VII. Statement of user in applications An application to register a
geographical indication shall contain a statement of user alongwith
an affidavit.

VIII. Content of Application Every application shall be made in the

prescribed forms and shall contain the following :

1. A statement as to how the geographical indication serves to designate

the goods as originating form the concerned territory in respect of
specific quality, reputation or other characteristics.

2. The three certified copies of class of goods to which the geographical

indication relates

3. The geographical map of the territory.

4. The particulars of the appearance of the geographical indication

words or figurative elements or both;

5. A statement containing such particulars of the producers of the

concerned goods proposed to be initially resisted. Including a collective
reference to all the producers of the goods in respect of which the
application is made.

6. The statement contained in the application shall also include the

following: An affidavit as to how the applicant claim to represent the
interest of the association of persons or producers or any organization
or authority established under any law. The standards benchmark for the
use of the geographical indication or the industry standard as regards the
production, exploitation, making or manufacture of the goods having
specific quality, reputation or other characteristic of such goods that is
essentially attributable to its geographical origin with the detailed
description of the human creativity involved, if any or other
characteristic; The particulars of the mechanism to ensure that the
standards, quality, integrity and consistency or other special
characteristic are maintained by the producers, or manufacturers of the
goods. Three certified copies of the map of the territory, region or
locality; The particulars of special human skill involved or the uniquess
of the geographical environment or other inherent characteristics
associated with the geographical indication. The full name and address
of the association of persons or organization or authority representing
the interest of the producers of the concerned goods; Particulars of the
inspection structure ; In case of a homonymous indication, the material
factors differentiating the application from the registered geographical
indications and particulars of protective measures adopted.

IX. Acknowledgement of receipt of applications:

1. Every application of the registration of a geographical indication in

respect of any goods shall, on receipt be acknowledged by the Registrar.

2. The acknowledgement shall be by way of return of one of the

additional representations with the official number of the application
duly entered thereon.
 Application Details

Application Number 81

Geographical Indications Pokkali Rice

Status Registered

Applicant Name Kerala Agricultural University,

(i) Kerala Agricultural University,

K.A.U. P.O. Thrissur District, Kerala
- 680 656 (ii) Pokkali Land
Development Agency, N. Paravur,
Ernakulam District, Kerala - 683
Applicant Address 513.

Date of Filing 29/01/2007

Class 30

Goods Agriculture

Geographical Area Kerala

Priority Country India

Journal Number Supplementary 2

Availability Date 26/05/2008

Certificate Number 86

Certificate Date 09/09/2008

Registration Valid Upto 28/01/2027

 About
Naturally and Organically Grown in the coastal areas of central Kerala,
the Pokkali Rice is called as Clever man’s Rice. A farmer must utilize
the naturally available ecological system as fertilizer to cultivate the rice
variety.

 The Rice-Prawn Culture

Pokkali Rice and Prawn are cultured in the same field. During high
salinity the prawn farming takes over which feeds on leftovers of post
paddy harvest. The rice crop, which gets no other fertilizer or manure,
draws nutrients from the prawn’s excrement and other remnants. “The
Pokkali Rice farming and prawn culture are mutually complementary”.

 Uniqueness of Pokkali Rice

  Red Kernel.

 Medium Bold shaped with good cooking quality.

 Distinct organoleptic characteristics of taste and flavour.

 Flood and Saline resistant.

 Natural organic cultivation.

 High percentage of protein.

 Pokkali Rice Interesting Facts

❖ Pokkali Rice is highly valuable as gene donors in International Rice

Improvement Programmes.

❖ The Crop grows to a height up to 1 meter making them naturally

flood resistant.
❖ The farming of Pokkali rice does not affect natural ecological
process.

❖ The Fishermen Energy Booster -The Nutritious Pokkali rice is

believed to be secret energy of the local fishermen, it helps them to stay
at the sea all Day.

 Health Benefits of Pokkali Rice

 Used in preparation of traditional health-care food in Kerala.

 Good for treating hemorrhoids (Piles).

 Rice gruel water made from Pokkali Rice is highly recommend

for Cholera Patients.

 Storehouse of Nutrients.

 Best in terms of Fiber and Protein Content.

  Low carbohydrate content making it suitable for persons with
diabetes.

STATEMENT OF CASE

Description of goods:

The botanical name of rice plant is Oryza swim. Pokkali varieties/cultivars

are world famous for their salinity tolerance. Traditional Pokkali cultivars and
improved varieties are commonly cultivated by Pokkali farmers. Pokkali,
Cheruvirippu and Chettivirippu are the ruling traditional cultivars of the
tract They have a yield potential of 1000-1500 kg/ha. Seven improved
varieties has been released from Rice Research Station, Vyttila. Most of the
high yielding varieties and land races are tall in stature with lodging
characteristics. The height of these varieties varies from 160-200 cm,
depending on season, drought and flood situation in the field. These
genotypes have kneeling ability to keep panicles above flood water level.
Upon lodging fresh roots will arise from the nodes to support the plants. The
genotypes also show special ability for internodal elongation to overcome the
effects of tidal and stagnant water.

Pokkali varieties have very good initial seedling vigour (attains a

height of 4045 cm within a period of one month), luxuriant growth habit,
very high tillering capacity (average 12-16 tillers), long panicles (>25 cm)
with large number (120-160) of medium to long bold grains. Except VTL-
5 and VTL-7 all the varieties/cultivars have red kernels. VTL-6 is semi tall,
non-lodging, saline tolerant and have a plant height of 115-125 cm, 10-12
productive tillers and a seed to seed maturity period of 105-110 days. It has
an average grain yield of 4.0-4.5 t/ha and has tolerance to various abiotic
stresses like salinity, acidity and submergence.

Pokkali rice is produced from Pokkali cultivars/varieties cultivated in

the rice fields of Pokkali tract in Alappuzha, Emakulam and Thrissur districts.
Pokkali rice is medium bold in shape with very good cooking quality, special
taste, average protein content of 7.5-8.5% and have intermediate (above 20
per cent) amylose content. VTL7 exhibits an average protein content of
10.9 per cent. Rice has intermediate gelatinization temperature. Volume
expansion of VTL-1, 2, 3 and 4 is more than 4.0 while that of VTL-5, VTL-
6 and VTL-7 is more than 3.0. In general, Pokkali rice has a hulling
percentage of more than 80, milling percentage of more than 75. Pokkali rice
and the value added products made out of Pokkali rice have special taste
and flavour and hence reputation in rice market. They are claimed to have
medicinal properties also, and are used as special health care food and also
as starter food after recovery from certain diseases.

Mode of origin/brief history:

The extracts of Cochin State Manual authored by Shri C. Achutha

Menon, Former Secretary to Diwan, Emakulam and published by Cochin
State Government in the year 1911 contain a detailed description of
system of Pokkali cultivation mentioning characteristics of traditional
Pokkali cultivars and peculiar ago-climatic and soil characteristics of the
tract. Pokkali area and the main features of Pokkali cultivars.

Method of production:

1. Pokkali fields:

Pokkali cultivation is a unique system of organic farming of rice

prevalent in Kerala. Neither chemical fertilizer nor plant protection
chemicals are applied to the crop. The daily total inflow and outflow of
backwaters, the luxuriant growth of micro flora and fauna, the natural
deposit of decomposed floating aquatic weed mass and the huge left over
biornacs of rice plant after harvest make the Pokkali fields nutrient rich.

2. Pokkali cultivars:

Pokkali system mainly depends on traditional Pokkali cultivars and

high yielding varieties derived from these cultivars. ChootuPokkali,
Chettivirippu, Cheruvirippu, Kuruva, Anakodan, Eravapandy, Bali,
Orkayama, Organdy and Pokkali are the traditional cultivars prevalent in
this tract. Improved varieties developed from Rice Research Station,
Vyttila, Kerala Agricultural University are also popular. Pokkali
varieties/cultivars are world famous for their salinity tolerance and are highly
valuable as gene donors in international rice improvement programmes for
salinity tolerance. They are also tolerant to soil acidity.
Method of cultivation:

In the Pokkali tract, farmers adopt a pragmatic and unique method for
saline farming. The soil management and varietal selection are done
meticulously to avoid crop failure due to salinity (Ooru). By April, the bunds
are strengthened and sluices (Thoombu) repaired for regulating water levels.
The fields are drained during low tide (Veliyirakkam) and the sluices
closed. When the soil in the field becomes dry the fields are thrown open
and mounds of 1 meter base and half meter height are formed. These mounds
are called as Vattakkannis. The monsoon rain-washes down the
dissolved salts on the mounds. The salts washed down are removed from the
field by tidal action. The mounds act as elevated in situ nursery and protect
the seedlings from flash floods. In some area instead of mounds, ridges
(Neelanklortnnis) are prepared for sowing seeds. For preparation of mounds
and ridges special types of Pokkali spades are used; while the
preparation of mounds or ridges, only surface soil will be disturbed. Deep
soil, if disturbed will add to salinity problem in the soil, by bringing more
salts from deep layers to soil surface. The water pH ranges from 7.0 to 8.5
and the mean temperature 28 to 31°C.

A special method is adopted for sprouting seeds. The seeds are tightly
packed in baskets made of plaited coconut leaves, the iside of which are
lined by banana, teak, arrowroot or Karingotta' leaves. These baskets are
then immersed in fresh water ponds for 24 hrs, after which they are taken out
and stored in shade. The radicle just sprouts out and remains quiescent
under that condition for more than 30 days. The radicle inside the plaited
coconut leaf baskets act as a bather for gaseous exchange and helps the
sprouting seeds to sleep till conditions become favourable for sowing. Use of
Karingotta leaves for lining coconut baskets, gives added protection to
germinating seeds in fields, against attack by fishes.

When the soil and weather conditions become favorable for

sowing, the baskets containing the seeds are re-soaked for 3-6 hrs before
sowing. This process is called as ‘Maruneer Kodukkuka' in nursery
preparation. The mounds in the field are then raked and top leveled. The
sprouted seeds are sown on the top of mounds, which act as nursery in situ.
The sown seeds will be pasted to mounds with clay. This is to avoid removal
of seeds by flooding and to reduce damage by birds.

The Pokkali varieties have early seedling vigor and they attain a
height of 4045 cans in 30-35 days. They are salt tolerant and show high
internodal elongation. At about this stage, when field conditions become
favorable the mounds are cut into pieces with 8-10 seedlings on, which
are uniformly spread in the field. The clods of earth attached to the clumps
give anchorage to the seedlings and help the seedlings to maintain an upright
position.

Generally manuring or plant protection operations are not necessary

for Pokkali farming systems. Fishes seen in Pokkali fields serve as
biocontrol agents for pest and weed control. The crop matures in about 120
days. Normally Pokkali crop comes to harvest in the month of October. The
ear head alone are harvested, leaving the straw behind. The average yield
of rice with traditional rice varieties is 1500 kg/ha. Use of high yielding
varieties makes the yield up to 4-4.5 Ala. After harvest, the field is used for
fish or prawn capture, which provides a substantial subsidiary income to the
farmer.
 In Pokkali cultivation where no chemical fertilizers are added, tidal
ingress play an important role in maintaining the nutrient status of the soil.
In addition, a plethora of microorganisms flourish in the system, which
ultimately keep the soil very productive. But more significant is the annual
transition from low saline to high saline phase during which, the profuse
floating vegetation dies out, decomposes and add to the soil fertility.
Together with decaying paddy stubbles retained in the field, the subsequent
prawn filtration/farming is very much benefited by this form of organic
recycling. Conversely the organic materials excreted by the fish and prawns
and their remains are advantageous for plant growth. Interestingly,
simultaneous culture of fish/prawn along with rice is also possible because
plant protection measures are not adopted in this area

4. Paddy processing:

Paddy from Pokkali tract is processed adopting the traditional system of

paddy processing. Paddy will be thoroughly cleaned with good quality water
to remove the half filled gains, dirt and stones. Washed grains will be
soaked in water overnight and in the next day morning one more washing
will be made. Then the soaked paddy will be subjected to steam boiling in
specially designed machines, for half an hour, using steam coming out
from boiling water. Steamed paddy will then be transported to drying yards
in special trolleys and will be subjected to slow drying, consecutively for
two days, approximately for 6 hours/day with periodical turning for
uniform drying. The paddy thus dried will be stored and will be milled,
polished and packed according to demand. Broken Pokkali rice is also
produced in the same way by providing more duration for boiling (3/4 hrs)
and drying. Fresh bran collected at the time of polishing will be packed and
sold as Pokkali rice bran. Milling of raw rice, without parboiling gives
raw Pokkali rice. Processing of Pokkali rice without polishing gives
brown Pokkali rice which is highly nutritious as it preserves the nutrients
in rice bran-, which are otherwise lost during polishing. Pokkali `Avar
(flaked rice) is produced by pounding of roasted, soaked Pokkali rice.

Conspicuous body:

Kerala Agricultural University, Thrissur, a statutory institution established

under `The Agricultural University Act 1971" and Pokkali Land
Development Agency, N. Parvur, an autonomous paddy agency
established under GO (MS) No. 382/96/AD, Thiruvananthapuram dt
23/12/96 of Agri. Dept (Planning) and registered under Travancore-Cochin
Charitable Societies Act 1955/12 on 19.07.2003, are working for the holistic
development of the tract Pokkali rice and rice products are marketed by
individual Padashekhara• Samithis working in Pokkali tract Ezhikkara
Pokkali Farmers Co-operative Self-help Group established in 2002 and
working under PalliyakIcal Service Co-operative Bank, Ezhikkara is
making efforts in procuring, processing and marketing of Pokkali rice and
rice producti according to demand in domestic and national market.
 Inspection:

Inspection body will be formed later which may comprise of experts of Kerala
Agricultural University, officials of the State Department of Agriculture and Pokkali
Land Development Agency.

Mode of marketing:

Production of rice is done by individual farmers working on Padashekhara

Samithi basis. Procurement is done by two agencies: millers working in the nearby
areas procure Pokkali rice at the time . of harvest. Ezhikkara Pokkali Farmers Co-
operative Self-help Group established in 2002 and working under Palliyakkal Service
Co-operative Bank, Ezhikkara is storing, processing and marketing the Pokkali rice
procured directly from the group members. This rice and rice products are supplied to
retailers, super markets and margin free markets according to demand.

Characteristics and Uniqueness:

Pokkali cultivation is a pure organic farming of rice in tune to natural and

climatic situations existing in the area and the farmers undertake the cultivation as a
challenge for their survival in a highly unfavourable life situation. This organic
system of rice cultivation is highly eco-friendly.

The distinctive, exclusive and rare qualities of Pokkali rice could be the result
of several factors. The very good cooking quality, with a high percentage of protein
could be attributed to the genetic parameters of Pokkali cultivars, the purely organic
method of cultivation and the method of processing. The bold grain with its medium
amylose content and distinctive organoleptic characteristics of taste, flavour etc. has
increased the consumer preference for Pokkali rice and other value added products
like Pokkali puitupodi, Pokkali anal, Pokkali rice bran, Pokkali brown rice, Pokkali
broken rice etc. In general. Pokkali rice is medium bold in shape with red kernel
colour. The traditional cultivars show slow digestibility compared to improved
cultivars and is mainly used as parboiled rice. Quality analysis in rice has proved that
parboiling in rice saves many of the nutrients in rice kernel that are otherwise lost
during milling. Similarly the red kernel colour of the cultivars make the Pokkali
products more nutritious compared to white rice.

Pokkali rice and other Pokkali rice products are claimed to have medicinal
properties. Pokkali rice is commonly used in the preparation of Warunnukanji*
which is a traditional health care food consumed duffing the Malayalam
month "Karkidagam" falling during peak monsoon period in Kerala_ Pokkali rice
bran is believed to be good for smoothening the problems associated with piles.
Pokkali broken rice is also considered to be best for the preparation of starter food
after recovering from certain diseases like cholera and typhoid. Rice gruel water
(Kanji vellam) from Pokkali is also considered as a highly suitable drink to patients
suffering from Cholera
Examition report
Reply to examination
 Conclusion

That the Geographica Indications that GI is a status accorded to a good which is

unique to a particular region or area, and are originated from there. These goods
have a reputation for their quality.

That above GI was file on 29/7/2007 the above GI is related to rice and it is kerla
origin . The same GI is been renewed in 2017. As per the GI after 10 year GI need
to be renewed.
 Reference

https://blog.ipleaders.in/geographical-indication-gi/
https://search.ipindia.gov.in/GIRPublic/Application/Details/81.