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 significance of Traditional Knowledge? When is the approval required to undertake biodiversity related activities as per the Biological Diversity Act, 2002?

Answer & Explanation:

Answer 2(d) Traditional knowledge encompasses the wisdom, customs, and beliefs transmitted orally from one generation to another within specific communities. Typically associated with indigenous groups, it holds intrinsic value as a cornerstone of cultural identity. Several key facets underline its importance: Cultural Heritage Preservation : Traditional knowledge forms an integral part of a community's cultural legacy, fostering a sense of identity and continuity. Its preservation ensures the safeguarding of cultural traditions for future generations. Sustainable Resource Management : Embedded within traditional knowledge are practices and beliefs promoting the sustainable utilization of natural resources. Integrating such wisdom into contemporary resource management strategies can help ensure responsible resource use. Scientific Contributions : Traditional knowledge has significantly enriched various scientific disciplines, including medicine, agriculture, and ecology. Many modern advancements in these fields draw upon traditional practices and insights. Diversity and Inclusivity Promotion : Acknowledging the diverse contributions of different communities and cultures, traditional knowledge advocates for inclusivity. By honouring and embracing traditional wisdom, greater mutual understanding and respect among cultures can be fostered. By recognizing the multifaceted significance of traditional knowledge and integrating it into contemporary practices, societies can cultivate a more sustainable, inclusive, and culturally enriched future. Traditional knowledge plays an important role in the conservation of biodiversity and its traditional uses: Section 3 of the Biological Diversity Act states that no person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. The persons who shall be required to take the approval of the National Biodiversity Authority under sub-section (1) are the following, namely: -- a person who is not a citizen of India; a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961; a body corporate, association or organisation-- i. not incorporated or registered in India; or ii. incorporated or registered in India under any law for the time being in force, which is controlled by a foreigner within the meaning of clause (27) of section 2 of the Companies Act, 2013. It may be noted that- "commercial utilisation" means end uses of biological resources for commercial utilisation such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping.

Topics: Traditional Knowledge

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