Chile vs Peru: the battle over ‘Pisco’ continues

Chile vs Peru: the battle over ‘Pisco’ continues

Patricia Covarrubia   October 02, 2019   No comments:

The Peruvian Ministry of External Relations has issued a Press Release stating that Peru will appeal to the ruling of the Court of First Instance of Thailand against the registration of a Chilean association that intends to use the term Pisco.

Press Release 010 - 19
Given the news reports that advance the ruling of the Court of First Instance on Intellectual Property and International Trade of Thailand, it should be stressed that despite the exclusive ownership of the Peruvian Denomination of Origin Pisco in Thailand, said Court ruled that in that country you can use "Pisco Chile".
Peru considers that this first decision of the Thailand Court does lead to consumer confusion in that country, since the Pisco Denomination of Origin is Peruvian and this is confirmed by the historical, geographical, cultural and scientific arguments that our country supports and defends in all the world’s court.
In that sense, the ruling in the first instance will be appealed immediately by Peru, in order to continue opposing any attempt to register because these are obvious errors of fact and law.

A Pisco sour for a sour battle

Years of international dispute have persisted over the origin of Pisco which both Chile and Peru have produced since colonial times. Both countries recognize it in their own jurisdiction as a Denomination of Origin. Additionally, back in 2018, Chile was open to accepting the name of Peruvian Pisco if Peru accepted the name of Chilean Pisco – a qui pro quo that did not go far since Peru did not accept such a proposal.

The case brought appears straightforward. If the Thailandese Registry of Industrial Property recognized Pisco as a Denomination of Origin (DO) produced in Peru, it does then prevents the registration of the name and any marketing of Pisco within the Thailand market if it has not complied with the Peruvian national regulation. Clearly, if Pisco was not made in Peru it cannot be called as such. Well, it is not that simple. In India, the dispute over the name went over 9 years (finally won by Peru) and this appears to be the case now in Thailand. The dispute is over a year on, so get ready for a long battle.

The whisky exchange webpage (where I get my inspiration from:) ) notes that ‘Pisco is a grape brandy produced in Chile and Peru’. In the EU (oh BREXIT is coming…who will register first in the UK, Chile or Peru) both, Chile and Peru, were granted geographical indication. Chile had an association agreement (2002) where recognition was given, and then Peru applied for the registration of Pisco as GI (granted in 2013).

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Brazil and the Madrid Protocol: are they nearly there?

Brazil and the Madrid Protocol: are they nearly there?

Patricia Covarrubia   June 01, 2018   No comments:

In June 2017, the Brazilian Presidency sent to the National Congress Mensagem nº 201, to allow Brazil to adhere to the Madrid Protocol.

Therefore, building upon this, on May 10, 2018 the Brazilian National Institute of Industrial Property (INPI) and the World Intellectual Property Organization (WIPO)’s officials met at the headquarters of the INPI in Rio de Janeiro. At this stage, the WIPO exposed its experience in the management of this international trade mark registration system. INPI’s president noted the ‘efforts of the INPI team to reduce the time of examination of trade mark applications, in order to make possible the adhesion to the Agreement.’ The WIPO counterparts highlighted that Brazil is ‘well-structured to meet the requirements to participate in the Protocol, which will open up opportunities for domestic companies interested in the world market.’ On the same date, there was also a technical meeting with the INPI Trademark Board team, focusing on practical issues regarding the functioning of the system.

Additionally, on May 20, 2018, the General Coordinator of the Directorate of Trademarks, Industrial Designs and Geographical Indications (DIRMA), represented INPI at the "Meeting of Users of the Madrid System", organized by the WIPO in Seattle, United States. The INPI reported that the coordinator-general was as well to participate in the ‘IP Office Workshop’, which was organized by the Canadian, Hungarian and Mexico IPOs. It is also reported that one of the theme to be examined is ‘the registration of trade marks as part of an innovation strategy’.

Source the Brazilian National Institute of Industrial Property (INPI) here and  here.

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