\u201cPisco\u201d is a grape-based spirit produced in both Peru and Chile. Each country treats it as a national product and asserts GI rights over it.<\/p>\n
In India, the Chilean Association of Pisco Producers registered \u201cPisco\u201d as a geographical indication (GI) in 2018. Peru\u2019s IP office, INDECOPI, opposed the registration and filed a rectification petition, claiming that \u201cPisco\u201d exclusively denotes Peruvian origin.<\/p>\n
The Deputy Registrar of GIs dismissed Peru\u2019s petition, and\u00a0 INDECOPI appealed to the Delhi High Court.<\/p>\n
Peru argued that Chile\u2019s use of \u201cPisco\u201d misleads Indian consumers and violates international treaty principles. It said the GI registration should be rectified.<\/p>\n
Chile, in response, argued that its use of \u201cPisco\u201d is legitimate and historically established. It pointed out that the GI Act permits registration if the goods originate from a defined region and meet quality standards. It also highlighted that the Indian statute does not require exclusivity.<\/p>\n
In its analysis, the Court noted that Indian GI law does not require a product to be uniquely associated with one country. As long as the goods originate from a defined territory and meet the necessary quality and reputation criteria, registration can be granted.<\/p>\n
It found that Chile\u2019s GI application met the requirements of the GI Act. It also found no evidence that Indian consumers were misled or confused by Chile\u2019s use of \u201cPisco.\u201d<\/p>\n
The Court rejected Peru\u2019s reliance on international agreements that India is not party to, and stated that GI claims in India must be tested solely under Indian law.<\/p>\n
The Court upheld Chile\u2019s GI registration for \u201cPisco\u201d and dismissed the appeal. It clarified that Peru remains free to apply for its own GI registration for \u201cPisco\u201d in India.<\/p>\n
\u201cThe GI Act does not require that a geographical indication be exclusive to a single country.\u201d (\u00b640) On Misleading Consumers \u201cNo material is placed to show that Indian consumers are confused or misled by Chile\u2019s use of \u2018Pisco\u2019.\u201d (\u00b644) On Peru\u2019s Rights \u201cThis order does not prevent Peru from seeking GI protection for \u2018Pisco\u2019 in India in accordance with law.\u201d (\u00b647)<\/p>\n
Disclaimer:<\/strong> This case note has been prepared using a proprietary AI application, and is based on the author\u2019s understanding, views, and conclusions. Opinions of others may differ.<\/p>\n