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Two Countries, One Spirit: Delhi HC Says 'PISCO' Needs a Surname

 


⚖️ Delhi High Court Rules on PISCO GI Dispute: Both Peru and Chile Entitled, But Must Use Geographic Prefixes

In a landmark ruling addressing India’s obligations under international trade and intellectual property law, the Delhi High Court has held that both Peru and Chile have legitimate rights over the Geographical Indication (GI) of the alcoholic beverage PISCO, but must use geographical identifiers—such as "Peruvian PISCO" and "Chilean PISCO"—to avoid consumer confusion.

The case, titled Asociación de Productores de Pisco (Chile) vs Union of India & Ors, saw Justice Mini Pushkarna set aside the Intellectual Property Appellate Board’s (IPAB) 2018 order that had granted exclusive GI rights over “PISCO” to Peru without any prefix.

🌍 Background: A Battle Over Heritage in a Bottle

The legal battle originated in 2005, when the Embassy of Peru filed an application for GI protection in India over the term “PISCO,” a grape-based spirit historically linked with Peruvian culture.

Chilean producers strongly opposed the application, asserting that PISCO is also a traditional product of Chile, produced in specific regions since at least the 18th century. They submitted that the first documented production of PISCO in Chile dates back to 1733, as recorded in the public inventory of Latorre Ranch in Coquimbo.

🏛️ The Legal Journey: From Registrar to High Court

·        In 2009, India’s GI Registrar acknowledged both countries’ claims and allowed registration of “Peruvian PISCO”—adding the prefix to avoid misleading consumers.

·        In 2018, the IPAB overturned this decision, granting exclusive rights over the term “PISCO” to Peru, removing the geographic prefix.

·        The Chilean producers, through their association, challenged this ruling in the Delhi High Court.

⚖️ High Court's Key Observations & Rulings

Justice Pushkarna delivered a comprehensive judgment, focusing on:

🔹 Homonymous GIs and Consumer Protection

“The alcoholic beverage originating from both Peru and Chile are recognized and identified as PISCO. However, it cannot be ignored that PISCO from Chile is completely different and distinct from PISCO in Peru.”

The Court recognized PISCO as a homonymous geographical indication—where the same name refers to products from different countries, with differing grape varieties, production techniques, and flavor profiles.

To prevent consumer confusion, the Court mandated use of geographical identifiers—a principle supported under Section 10 of India’s GI Act, 1999 and the TRIPS Agreement, to which India is a signatory.

🔹 Precedents: Coexistence of Similar GIs

The Court referred to successful Indian examples like:

·        Banglar Rasogolla (West Bengal)

·        Odisha Rasagola (Odisha)

Both products coexist with geographical prefixes, even though they share similar names.

🔹 IPAB Erred in Using Trademark Concepts

“The IPAB’s application of principles like dishonest adoption and prior use—drawn from trademark law—was misplaced under GI law.”

Justice Pushkarna emphasized that GI law is not about who used the name first, but whether the product is genuinely and historically linked to a geographical region.

🔹 Chilean PISCO's Recognition Worldwide

The Court took note of:

·        Recognition of Chilean PISCO in 18 Free Trade Agreements

·        GI status granted by Costa Rica and other jurisdictions

·        Partial refusals to Peru’s GI claims in the EU to protect Chile’s rights

📜 Court’s Final Directions

1.     ✅ The GI registration granted to Peru is to be modified as “Peruvian PISCO”.

2.     ✅ The GI Registrar is directed to process Chile’s application for “Chilean PISCO” in accordance with law and without prejudice.

Additionally, the Court upheld the validity of the Embassy of Peru's authority to file the GI application on behalf of the Peruvian state.

📌 Legal Significance

This ruling affirms India’s commitment to TRIPS-compliant GI regulation, consumer protection, and fairness in international trade disputes.

It sets a precedent for handling homonymous GI disputes by:

·        Allowing coexistence of identical names from different origins

·        Requiring clear geographic identifiers

·        Prioritizing consumer clarity over nationalistic exclusivity

📝 Conclusion

In Asociación de Productores de Pisco (Chile) vs Union of India, the Delhi High Court has skillfully balanced cultural pride, historical claims, and legal obligations. By ordering the coexistence of "Peruvian PISCO" and "Chilean PISCO", the judgment protects both producer rights and consumer interests, offering a model approach to global GI disputes in the age of cross-border trade and shared heritage.

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