The Intellectual Property Appellate Board (IPAB) has ruled that the application filed by The Embassy of Peru for geographical indication (GI) tag for alcoholic beverage Pisco is eligible for registration.
A GI tag is a sign used on products that have a specific geographical origin and possess qualities or a reputation by virtue of their geographical association.
In 2005, Embassy of Peru had filed the GI application with the Geographical Indications Registry in Chennai. After examination, the application was accepted for registration and it was published in the GI journal in 2006.
Mohan Dewan and Association De Productories De Pisco A.G, Chile, opposed the application.
Mr. Dewan stated that the Embassy of Peru was not a proper representative of the producers and could notlook after their interests.
Association De Productories De Pisco A.G said that they had no objection for registration of Geographical Indication ‘Peruvian Pisco,’ provided the Embassy of Peru endorsed no objection to its proposed application “Chilean Pisco”.
In 2009, the GI Registry ruled that if the GI is registered as Peruvian Pisco, it shall not cause any confusion among the consumers and amended the mark from Pisco to Peruvian Pisco, without the consent of Embassy of Peru, according to documents filed at IPAB.
Against this, the Embassy of Peru moved IPAB stating that the Registry ought not to have amended the mark and it could have been registered as Pisco. It also said it had no intention to give any no objection to the mark applied by Association De Productories De Pisco A.G for “Chilean Pisco”.
“Alcoholic beverage Pisco is a liquor of grape, obtained by distilling fresh must of recently fermented grapes in accordance with traditional methods that maintain the principle of quality established in the production areas previously recognized (the coast of the departments of Lima, Ica, Arequipa, Moquegua and the valleys of Locumba, Sama and Caplina in the department of Tacna, all in Peru),” the Embassy of Peru said in its petition.
Pisco has a process of pure elaboration, with no additives, sugar, water or any other elements strange to the grape itself, it added.
The Embassy of Peru stated that making Pisco is a celebration and it also involves lot of shared work and lot of small-scale industries are involved in production. Annual production for the year 2006 was registered as 5.2 million litres, it added.
IPAB noted that it has come on record that the word Pisco is undoubtedly a denomination of origin exclusively from Peru. Located in the Peruvian coast we find a valley, a river, a port and a city named Pisco, since the colonial period, it added.
It also said that Pisco prepared in Peru cannot be compared, under any circumstance, to the Chilean liquor and there cannot be any confusion or deception among the customs.