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: State the registrable varieties as per the protection of plant varieties. In which category a new variety bred by a farmer is registered under Protection of Plant Varieties and Farmers Right Act, 2001.
Answer & Explanation:
Answer 2(b) Under the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001 registrable plant varieties are broadly classified into three categories. (i) New varieties (ii) Extant varieties and (iii) Farmer's varieties. All varieties seeking registration must meet the Distinctiveness, Uniformity and Stability criteria and belong to a crop species officially notified by the Government. Section 15 of the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001 states that, a new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. Novelty means that the propagating or harvested material of the variety must not have been sold or commercially exploited in India earlier than one year or outside India, earlier than four years (six years for trees and vines) before the date of filing of the application. Distinctiveness signifies that it must be clearly distinguishable by at least one essential characteristic from any other variety of common knowledge. Uniformity signifies that subject to the variation that may be expected from the particular features of its propagation it is sufficiently uniform in its essential characteristics. A variety is stable, if its essential characteristics remain unchanged after repeated propagation or, in the case a particular cycle of propagation, at the end of each such cycle. Extant varieties are those which are already available and in common use. An extant variety shall be registered under this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations. Farmer's varieties are those that have been traditionally cultivated and evolved by farmers in their fields. It may also be a wild relative of a variety about which farmers possess common knowledge. The Act uniquely protects traditional knowledge and rights of Indian farmers. A variety developed or bred as a new variety by following breeding procedures by creating variability using other varieties or genetic stocks to be disclosed as being utilized as parents of the breeding material or for variability through other means for selection, shall be categorised as any other new variety bred by a breeder, under this Act. That means for all purposes and processes, such a variety will be treated in the same manner as any other breeder's variety and will also be registered eventually as a Farmer's variety as the case may be following DUS testing procedures and formalities as required. Here, the farmer will be considered as a breeder without separating him from other breeders.
Topics: Plant Varieties
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