In 2025, the Asocia de Pisco, an Association representing traditional grape spirit producers in Peru. filed an application before the Indian Geographical Indications Registry seeking registration of "Pisco" as a Geograph

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2026
In 2025, the Asocia de Pisco, an Association representing traditional grape spirit producers in Peru. filed an application before the Indian Geographical Indications Registry seeking registration of "Pisco" as a Geographical Indication (GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999. The association claimed that Pisco is a historically recognized distilled grape spirit originating from the coastal valleys of Peru, where unique grape varieties are cultivated and the beverage is produced using 400-year-old traditional distillation methods. Their grape spirit has reputation and distinctive characteristics due to the climatic conditions, soil composition and traditional practices of the region. The association further argued that authentic Pisco enjoys a global recognition and is exported to numerous countries, including India. Upon publication of the GI application in the GI Journal, several objections were filed. The first opposition came from Indian whisky manufacturers Association who argued that the term "Pisco" had been used in India for decades in the hospitality and beverage industry, particularly in cocktails such as Pisco Sour and granting exclusive rights over the term "Pisco" could disrupt long-standing commercial practices and lead to confusion among consumers in the Indian market. A second opposition was filed by the Chilean Pisco Producers Council, representing producers from Chile. They argued that Pisco is also produced in certain regions of Chile and that the term historically refers to a broader geographical and cultural heritage shared by both countries. They claimed that exclusive GI registration by the Peruvian association could unfairly restrict Chilean producers from marketing their products in India under the same name. In addition, the Registrar also received representations from GreenTech Solutions, an Indian importers and exporter Company expressing its concern about the strict enforcement of the GI that it will affect their supply chains of restaurants and bars that had been serving cocktails labelled as "Pisco Sour" for many years. They further claimed to be the exporter of a special variety of grapes grown in Bangalore and exported to Italy for the preparation of grapes spirit. Under Corporate Social Responsibility, their research laboratory regularly analyses the genetic information of the seeds used to grow this special variety of grapes and developed through traditional knowledge contributed by local communities of breeders of the region to identify the genes responsible for crop resilience and adaptation. Based upon the facts of the case, answer the following questions: What is the difference between the Geneva Act and Lisbon Agreement? What is the relevance of the Geneva Act of the Lisbon Agreement for the GI framework?

Answer & Explanation:

Answer 2(a) Difference between the Geneva Act and the Lisbon Agreement The Geneva Act updates and enhances the existing international registration system protecting names that identify the geographic origin of products: the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. The Lisbon Agreement applies only to appellations of origin - a special kind of geographical indication for products that have a particularly strong link with their place of origin. The Geneva Act extends that protection to geographical indications alongside appellations of origin, to better take into account existing national or regional systems for the protection of distinctive designations in respect of origin-based quality products. It also allows certain intergovernmental organizations to join, making the international system of protection more inclusive. Relevance of the Geneva Act of the Lisbon Agreement for the GI framework The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ("the Geneva Act") was adopted in 2015 to modernize the Lisbon System. The Geneva Act extends protection to the broader category of Geographical Indications (GIs) in addition to Appellations of Origin (AOs), thus allowing more products (i.e. those not qualifying under the more stringent category of AOs) to benefit from the international protection mechanism offered by the Lisbon System. Furthermore, the Geneva Act opens the Lisbon System to the accession of certain intergovernmental organizations (such as the European Union or the African Intellectual Property Organization. Owing to this additional flexibility, Lisbon users from different geographical areas are now able to ensure protection to their AOs/GIs in new important markets. Such protection is granted under the Geneva Act The Geneva Act requires contracting parties to provide the legal means to prevent: Use of the registered AO/GI on goods of the same kind when the goods do not originate in the area of origin or do not comply with other requirements for using the AO/GI; Use of the registered AO/GI on goods of different kinds or services only under certain conditions; Any imitation of the AO/GI, even if the true origin of the goods is indicated or when the AO/GI is translated or used with terms such as "type", "style", "kind", etc. Any other misleading practice as to the true origin, provenance or nature of the goods. Contracting Parties to the Geneva Act must provide legal means to prevent the use of an internationally registered appellation of origin or geographical indication in respect of goods of the same kind, or goods that are not of the same kind, or services, under certain conditions. They must also provide legal means to prevent any use amounting to the imitation of an appellation of origin or geographical indication. Countries and regional groups of countries protect appellations of origin and geographical indications in different ways - through sui generis laws (special laws that apply specifically or exclusively to geographical indications and/or appellations of origin), trademark laws, administrative provisions, or other legal means. The Geneva Act takes this diversity into account. Contracting Parties can use any type of legislation to protect products registered under the Lisbon System, provided that the legislation in question meets the requirements of the Act.

Topics: Geographical Indications

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic