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Thursday 17 August 2017

Patricia Covarrubia

Pisco: Cultural Heritage of Peru

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The Peruvian denomination of origin (DO) 'Pisco' has been declared Cultural Heritage of the Peruvian Nation.

Law 30639 which was published yesterday in the Official Gazette of Peru, aims to elevate to the rank of law the Resolution Jefatural 179-88/INC-J. The Peruvian Congress therefore, has declared Pisco as Cultural Patrimony of the Nation.

Law 30639 only contains two articles: Art 1 which establishes the purpose of the Law, that is to raise the rank of Resolution 179-88 / INC-J; and Art 2 which covers the compliance with the declaration granting power to the Ministry of Culture, the Ministry of Foreign Trade and Tourism, the Ministry of Foreign Affairs and the Ministry of Production to monitor and comply with this law.

What is the Law of cultural heritage for?
The Peruvian Law for the Cultural Heritage of the Nation (Law No. 28296) in its Preliminary Title, Art 5 establishes that “…assets belonging to the Cultural Heritage of the Nation, regardless of their private or public status, are protected by the State”. Also Chapter II, Art 24 institutes that the protection of intangible property includes its “identification, documentation, registration, research, preservation, promotion, valorisation, transmission and revitalisation.”

Last month we reported that Peruvian Pisco was granted (by INDECOPI) the character of reputable mark due to its well-known status (here).

In regards to the status of cultural heritage, the newspaper notes a remark made by INDECOPI (which is the national IPO office) that “Peru is here (in Spanish)).
moving forward with its strategy of obtaining the original name of Pisco, taking into account that it currently shares it with Chile”. But is this relevant? How will anything change by obtaining the official status of ‘cultural heritage’? Pisco is original to Peru as it is original to Chile. Both of them has obtained DO in their respective jurisdiction. There are some states that recognise Pisco as coming from Chile and Peru. Other states will recognised as only coming from Chile and others only from Peru (see this report from La Republica

Moreover, this goes in line with something that we reported recently i.e. that Peruvian Pisco could not compete in the category of ‘Pisco’ but of the ‘aguardientes’ in the international contest "Spirits Selection by Concours Mondial de Bruxelles" (Brussels Competition), taken place next week in La Serena, Chile.

Sources here, here and here.

Patricia Covarrubia

Patricia Covarrubia