11 March 2019Trademarks

Chile and Peru face court battle over Pisco origins

Peru and Chile are embroiled in a geographical indication (GI) dispute in India over ‘Pisco’ brandy, with both countries claiming to be the drink’s genuine producers.

The Times of India  reported yesterday, March 10, that Chile was set to appeal a decision of India’s Intellectual Property Appellate Board to the High Court to allow Peru to register ‘Pisco’, a brandy popular in both Peru and Chile.

In November 2018, the IPAB  ruled in favour of the local Peruvian embassy’s bid to register a GI for ‘Pisco’. The board had previously assigned it a GI for ‘Peruvian Pisco’ amid a dispute with Chile, which also claims ownership of origin.

The Chilean Embassy filed an opposition to the ‘Pisco’ mark, saying that it would not oppose any registration of a GI mark under the ‘Peruvian Pisco’ name.

According to IPAB’s November ruling, however, the “so-called Chilean Pisco region has been constructed by misappropriating the Peruvian name Pisco and artificially renaming a region that for many centuries has been known with another name”.

IPAB also ruled that the two liquors were different in their “elaboration, techniques and quality”.

According to India’s GI registry, these marks provide “an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin” in a particular locality.

WIPR has contacted the Chilean Embassy to confirm the newspaper report.

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More on this story

13 February 2020   A Chilean vineyard has prevailed in a UK trademark dispute with the Peruvian IP office, as part of a long-running dispute over the rights to the name of pisco, a brandy produced in the region.