1.

Introduction
A geographical indication (GI) is a sign used on products that have a specific geographical origin
and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign
must identify a product as originating in a given place. In addition, the qualities, characteristics or
reputation of the product should be essentially due to the place of origin. Since the qualities depend
on the geographical place of production, there is a clear link between the product and its original
place of production. A geographical indication right enables those who have the right to use the
indication to prevent its use by a third party whose product does not conform to the applicable
standards. For example, in the jurisdictions in which the Darjeeling geographical indication is
protected, producers of Darjeeling tea can exclude use of the term Darjeeling for tea not grown
in their tea gardens or not produced according to the standards set out in the code of practice for
the geographical indication. A protected geographical indication does not enable the holder to
prevent someone from making a product using the same techniques as those set out in the standards
for that indication. Protection for a geographical indication is usually obtained by acquiring a right
over the sign that constitutes the indication. Geographical indications are typically used for
agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.

Geographical Indications Act

India enacted the Geographical Indication of Goods (Registration and Protection) Act, 1999 which
came into force with effect from September 15, 2003. The Geographical Indications Act was
mainly an attempt to comply with India's obligations under the TRIPS agreement.

Geographical Indications Registration Procedures

As per the Geographical Indication of Goods (Registration and Protection) Act, 1999 , association
of persons or producers can apply for GIs for specific products supported by required documents.
The Controller General of Patents, Designs & Trade Marks (CGPDT), (under the Dept of Industrial
Policy and Promotion of Ministry of Commerce and Industry) is the 'Registrar of Geographical
indications'. The CGPDT directs and supervises the functioning of the Geographical Indications
Registry (GIR).Complaints against GI registration can be made at Intellectual Property Appellate
Board at Chennai.A registration is valid for a period of ten years and the same can be renewed
thereafter. By registering an indication in India a right holder can prevent its unauthorized use by

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others and also promote economic prosperity of the producers of the said good in a particular
region. An unregistered GI can be enforced by initiating an action for passing off. India's GI
Registry is situated in Chennai and like the other intellectual property rights; GIs also come under
the purview of the Controller General of Patents, Designs and Trademarks. As on February, 6,
2016, there are 237 goods registered under the GI registry of India. The latest addition is going to
be Basmati rice.

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 2. Application of Geographical Indication

Application is filed by Himalayan apple growers association, an association bringing together the
apple growers from Rohru, Jubbal, Kotkhai, Matiana, Theog, Fagu, Narkanda, Kotgarh, Nankhari,
Koti Mashobra and Rampur in Shimla; Nirmand, Arsoo, Khanag, Chowai,Dalash,Banjar, Sainj,
Manali of Kullut, Jhanjheli, Churag, Balichowki, Karsog in Mandi and Nichar & Bhawanagar in
Kinnaur.

A) Name of the Applicant: Himalayan apple growers society

B) Address:Jai Estates, P.O. Anti, Tehsil Jubbal

Distt. Shimla, Himachal Pradesh

India (171206)
Email: info@hags.co.in

C) Types of Goods: Kullu Apples class 31

D) Specification: Himachal Pradesh plays an important part in the apple production of India.
Agriculture is the main economic of Himachal Pradesh and is also known as the Fruit
Bowl of Nation (APEDA). Himachal is known for its apples not only in the country but
worldwide as well. A very few know about how this fruit came to India and how it nurtured
to win everyones heart. Samual Evan Stokes (also known as Satyananda Stokes) was the
first person who started the cultivation of apple trees at a small village in Himachal named
Thanedar. He is known for starting the large-scale cultivation of apples in Himachal
Pradesh. Some of the theories state that Captain R C Scot of the British Army had
introduced apples to the Kullu valley of Himachal Pradesh much before Satyanand Stokes,
but it is mainly due to the efforts of Satyanand Stokes today Himachal is widely known for
delicious red coloured apple.

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E) Description of Goods:

Kullu, one of the districts of Himachal Pradesh, is approx. 70kms away from Mandi and is
situated on the bank of Beas River, known for its beautiful hills and apple orchards,
produces a large quantity of apples. A large part of economy of the Kullu district depends
on the apple production. The cultivated apple area of Kullu is about 18524 hectares and the
annual apple production usually lies between 80000 to 90000 metric tons2. We are
planning to visit apple orchards nearby Kullu town (capital of Kullu district) and Manali,
30 kms away from Kullu town, situated on the bank of Beas River Kullu apples are juicier
and crunchier relatively. Some of the common varieties of Kullu apples are enlisted here
along with its key features:
Tydeman: Tydeman apples are of glossy red colour and have and extra sweet spicy taste
different from its other counterparts. It is an early summer variety and is available in the
month of June.
Red Delicious: Red delicious apples are dark red in colour and are one of the most well-
known apples which are grown commercially. It is available from July to November
depending on the altitude.
Golden Delicious: Golden delicious apple is golden in colour but is not related to red
delicious as it differs in terms of taste and colour. It is green skinned and is very sweet in

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 terms of taste. It needs very careful handling as its skin is very delicate and gets damaged
easily.
Gala Apple: Gala apple is mildly sweet in flavour and is very aromatic. It is widely used
in salads and manufacturing sauces. It is a bit orange in colour with vertical stripes.
Granny Smith: Granny Smith apple is a hard, crispy and juicy apple which is light green
in colour but turns to yellow after ripening. It is easier to preserve and store as compared
to the other varieties.

F) Geographical area of production:

Country: India
State: Himachal Pradesh

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 District: Kullu
Area: 5503km sq.
Population: 18536 (As per censes 2011)

G) Proof of Origin:
In the early 20th CE a young American called Samuel Evans Stokes, who belonged to a
wealthy family of Philadelphia, came to India. To work with leprosy-impacted patients
near Shimla. He landed up in a church in Kotgarh, not too far from Thanedhar, he brought
the sapling of Red delicious apples to Kotgarh and planted them. His mother sensing his
love for this adopted country bought him 200 acres of land that was a tea estate originally.
She also sent him another shipment of saplings of golden delicious apples. In about 5 years
the apples bloomed and were an instant hit with the local population. Apples continue to
be hit in Himachal Pradesh. Kullu district is very chilly from December to February.
During this period snow frost occur. The average rainfall is 80cm which is sufficient for
irrigation of large apple orchards. Maximum Temperature is 38.8 degree C and minimum
is 5 Degree C.

H) Method of Production:

Prepare the Site

Apple trees need at least six to eight hours of sunlight a day for decent fruit production. They
will grow in a wide range of soil types, but avoid poorly drained sites. For this reason, and
others regarding frost, it is wise to select raised sites within the landscape. Use a garden fork
to work soil conditioner into the top 12" to 18" of soil.

Plant the Apple Trees

In early to mid spring, dig a hole to the same depth and width as the root ball. Place the tree in
the planting hole. Position the tree so that the point where the roots begin to spread out from
the trunk is just above the soil line. Fill the hole to three-quarters full with soil and water well.

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 Finish filling hole with soil and water again. Add a generous layer of mulch around the base
of the tree.

Water, Feed and Prune

Make sure the young trees get 1" to 2" of water a week for the first two years. One month after
planting, apply a half-pound of 10-10-10 fertilizer around the base of each tree. For established
trees, a pound of fertilizer per year may be needed. Prune in winter to allow for good air
circulation and light penetration. If symptoms of fire blight appear, prune out and destroy the
infected branches.

Thin the Fruit

For the first two years after planting an apple tree, all the immature fruit should be removed.
This allows the trees energy to go toward establishing a strong root and branch structure.
Starting in year three and thereafter, young fruits should be thinned to one apple every 4" or
6" on the branch. This produces fewer but better fruits.

Harvest the Fruit

In general, apples are best harvested when they are sweet or tart, depending on the variety.
They should be juicy and crunchy. If they're starchy and dry, they need some more time on the
tree. Another trick for knowing when an apple is mature is to cut it open and look at its seeds.
They should be very dark brown or black. Remove the fruit from the tree by pulling upward
and outward while twisting slightly

I) Uniqueness

The temperature condition and moisture required to produce apples is appropriate in Kullu
valley, as a result Kullu apples are crunchier and juicier than apples produced in other
districts.

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 K) Inspection Body
To regulate the use of GI in the territory, it is proposed that the Inspection Committee

shall consist of the following members:

1. The Department of Horticulture, Government of Himachal

3. One representative from Human Welfare Association;

5. One Kullu valley Apple Farmer

6. One representative from APMC ( Agricultural produce market committee)

7. One representative from Kullu Valley fruit growth association

3. Conclusion

Kullu Apples is potential Geographical indicator, as Kullu valley is known for its apple produce
it could benfit the farmers as well as the state if it is listed as a Geographical Indicator.

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References

(n.d.). Retrieved from

https://www.routledgehandbooks.com/assets/9780203153284/graphics/fig3_1.jpg

(n.d.). Retrieved from

http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_42_1_gi-1a-to-id.pdf
Government, H.
(n.d.). Retrieved from http://himachaltourism.gov.in/
India, s. i. (n.d.). Retrieved from https://smallb.sidbi.in/faq/who-can-apply-registration-
geographical-indication