Delhi High Court rules ‘Pisco’ GI tags for both Peru and Chile

A Delhi High Court division bench has dismissed Peru's appeal for exclusive Geographical Indication (GI) rights over ‘Pisco’ brandy in India. The court upheld a single judge's order classifying it as ‘Peruvian Pisco’ and ‘Chilean Pisco’. It termed the dispute a “Tale of Two Countries.”

On Wednesday, the Delhi High Court dismissed Peru's appeal seeking registration of 'Pisco' as a standalone Geographical Indication (GI) in India without a country prefix. Justices C Hari Shankar and Om Prakash Shukla upheld a single judge's order from July last year, classifying Peru's GI as 'Peruvian Pisco' and Chile's as 'Chilean Pisco'. The bench stated, “We are clear... that Peru cannot be allowed registration of the GI PISCO as a standalone GI.” Terming the dispute a “Tale of Two Countries,” the court cited prevention of consumer confusion. Peru claimed origins in the 17th century at Ica and Pisco Valley in southern Peru, noting recognition without prefixes in 82 countries. In September, Peru said it was “least interested” in owning 'Peruvian Pisco.' Chile's Asociación De Productores De Pisco A.G. stated production occurs in Chile's Atacama Region and Coquimbo city, linked to Chile for a century. The court found Peru's allegations of Chilean misappropriation lacked evidence. Background: In 2009, the Registrar granted GIs to both. The Intellectual Property Appellate Board awarded it solely to Peru in 2018, prompting Chile's 2020 High Court challenge. The court permitted Peru to surrender its current registration if desired.

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