The Delhi High Court has dismissed an appeal by the Embassy of Peru, ruling that the country cannot claim exclusive rights over the name ‘PISCO’, reported Bar and Bench. The court said both Peru and Chile have valid claims to the alcoholic beverage and must use clear labels to avoid confusion.
COURT BACKS SHARED USE OF ‘PISCO’
A Division Bench of Justices C Hari Shankar and Om Prakash Shukla upheld an earlier ruling, stating that both countries have historically used the term ‘PISCO’ for grape-based spirits.
The court ruled that Peru must use the term “Peruvian PISCO”, while Chile can continue using “Chilean PISCO”.
NO EXCLUSIVE RIGHTS FOR PERU
The Bench made it clear that Peru cannot seek a standalone geographical indication (GI) for ‘PISCO’.
It observed that both countries have established use of the name, and Indian law does not allow exclusive rights in such cases where similar products exist from different regions.
BACKGROUND OF THE DISPUTE
The case goes back to 2005, when Peru applied for GI protection for ‘PISCO’ in India. Chile opposed the move, claiming it had long used the name for its own grape-based spirit.
In 2009, the GI Registrar accepted Peru’s claim but required the use of the prefix “Peruvian”. However, in 2018, the Intellectual Property Appellate Board (IPAB) removed this condition and granted Peru broader rights.
EARLIER RULING RESTORED
In July 2025, a single-judge Bench led by Justice Mini Pushkarna ruled that both Peru and Chile have legitimate claims to ‘PISCO’. The court directed that Peru’s registration be modified to “Peruvian PISCO” to prevent confusion among consumers.
The judge also recognised that both versions of PISCO differ in production methods and composition, even though they share the same name.
APPEAL DISMISSED
The Embassy of Peru challenged this decision in September 2025. However, the Division Bench has now dismissed the appeal and upheld the earlier ruling.
The court’s decision means that both countries can continue using the name ‘PISCO’, but only with clear geographical identifiers to distinguish their products.
