Thursday, 11 August 2016

A vacancy for PISCO: regulating GIs

In Latin American countries some Geographical Indications (GI) systems are controlled by the government and/or owned by the state e.g. Mexico; others do not expressly confer a property right on the GIs but designate those parties entitled to ‘use’ the GIs e.g. Argentina (for more info see Patricia Covarrubia, ‘Protection of non-agricultural GIs: a window on what is happening in Latin America’, European Intellectual Property Review, E.I.P.R. 2016, 38(3)) Therefore, it is not novel for us to hear that the Peruvian IPO called i.e. INDECOPI, is the legal administrator of all GIs of Peruvian origin. INDECOPI may therefore delegate administration to individuals, provided they meet the conditions to do so.

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18 months! what I have been drinking,
then under an illegal Council?
The news relates to that the present institution that regulates Pisco i.e. the Pisco Regulatory Council, cannot any longer assume the administration of Pisco because “it does not meet the requirements under the law. No infrastructure, equipment, personnel or financial resources to carry out effective administration”. At the moment, there are 481 authorised producers of Pisco that can use the said name.

It also informed that the President of the Regulatory Council of Pisco had finished 18 months ago and it cannot conduct elections for its new officers. Because of this, Pisco producers “demanded the immediate vacancy of that office and called for elections.”

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Looking for a Pisco regulator? look no further!
INDECOPI noticed that it cannot delegate the management of Pisco since it cannot assume functions assigned by law. It can however supervise those that use the name and that they meet the requirements producing the quality that identifies the said product. For instance, conducting inspections, confiscating fakes and stopping bottles of alcoholic beverages using Pisco without the proper authorization.

Finally, INDECOPI urge to have a representative Pisco Regulatory Council and it has been visiting all the Pisco region to hear comments and suggestions that the new board of Pisco Regulatory Council should have.

Source INDECOPI.

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