In 2018, the Intellectual Property Appellate Board (IPAB) granted the GI tag for PISCO exclusively to the Embassy of Peru. However, the Delhi High Court analyzed the concept of homonymous GIs, i.e. GIs that may be identical/similar but originate from different regions. The Court noted that both Chile and Peru have a long-standing, shared history in the production of Pisco, supported by substantial evidence. It further clarified that principles such as prior use, commonly applied in trademark law, do not apply in the context of GIs. Accordingly, the Court held that the GI tag for PISCO cannot be granted exclusively to Peru and must be recognized as a homonymous GI. Hence, both the countries, Chile and Peru, are permitted to use it, provided that a clear geographical identifier (e.g., ‘Chilean Pisco’ or ‘Peruvian Pisco’) is used.

Source: Asociacion De Productores De Pisco A.G vs Union Of India & Ors. [W.P.(C)-IPD 17/2021]