'Pisco' And Geographical Indications – A Recent Judicial Determination

Factual Matrix

The South American Nation of Peru, through its Embassy in New Delhi, filed an application under Section 11 of the Geographical Indication of Goods (Registration and Protection) Act, 1992¹ (‘Act’), seeking registration of the Geographical Indication (‘GI’) PISCO for an alcoholic beverage manufactured in Peru. The Asociacion De Productores De Pisco A.G. (‘ADP’) filed an opposition against Peru’s application.

The Assistant Registrar of Trade Marks, vide order dated 3 July 2009, granted registration of the GI ‘PERUVIAN PISCO’ in favour of Peru.

Aggrieved by the order, the Embassy of Peru (‘Peru’) preferred an appeal before the Intellectual Property Appellate Board (‘IPAB’), which after due consideration ruled vide an Order dated 29 November 2018, in favour of Peru, holding that it was entitled to registration of the standalone GI PISCO for the alcoholic beverage manufactured by it.