IPTango: pisco

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Sunday, 14 March 2021

Peru: INDECOPI announced some results derived from the agreement to protect IPRs in the digital environment signed with Mercado Libre

Verónica Rodríguez Arguijo March 14, 2021 No comments:

The Peruvian National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) announced some results derived from the agreement to protect IPRs in the digital environment signed with Mercado Libre (MELI).

As Juan Cichero (Head of Brand Protection at MELI) highlighted in the interview held with IPTango last year, the e-commerce platform “provided INDECOPI with [their] monitoring and reporting tool, but unfortunately, due to the … COVID-19 lockdown, some aspects of the joined efforts had to be delayed. However, [MELI trusted] that with the normalization of the INDECOPI procedures, the enforcement [would] resume”.

Indeed, the enforcement resumed in 2020. Thus, in a press release recently published, INDECOPI indicated that 265 listings were removed from Mercado Libre in light of the cooperation agreement with the platform. Out of these, 152 ads offered counterfeit products that posed a risk to consumers’ health and safety, such as electronic devices, masks, and toys. Meanwhile, 113 listings offered beverages with the protected appellation of origin “Pisco”.

In addition to this, as part of MELI´s proactive measures, 327 warnings were issued to brand owners, so they could review the ads and report the infringement of their IP rights when it was applicable.

Considering the results obtained, INDECOPI and MELI signed an addendum to extend the cooperation agreement for a further twelve months.

Read here the press release published by INDECOPI (in Spanish).

The interview IPTango held with Juan Cichero (Head of Brand Protection at Mercado Libre) is available here.

Image by Gerd Altmann from Pixabay.

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).

The battle of Pisco

Patricia Covarrubia January 28, 2019 No comments:

Peru has scored once more in the international recognition of Pisco, their national drink.
The Registry of Industrial Property of Guatemala recognized Pisco as a Denomination of Origin (DO) produced in Peru. By Guatemala recognising Pisco as a drink from Peru, it prevents the registration of the name and any marketing of Pisco within the Guatemalan market if it has not complied with the Peruvian national regulation.

Back in 2017, 'Pisco' was declared Cultural Heritage of the Peruvian Nation (Law 30639). In the same year, the DO Pisco was also granted (by The Peruvian Institute for the Defense of Competition and Protection of Intellectual Property INDECOPI) the character of ‘reputable mark’ due to its well-known status.

It is relevant to mention that Pisco is original to Peru as it is original to Chile – therefore there is a long battle between these two countries over the name ‘Pisco’. Pisco has obtained DOs in both jurisdiction as an original and native drink. Some countries would recognise Pisco as coming from Chile and others, from Peru, but not from both countries at the same time, except the EU. This is so because the EU registered Peruvian Pisco as a DO but acknowledged a previous trade agreement (2002) between Chile and the EU in which Pisco was recognized as a DO from Chile. The note clarifies that the protection granted to "Pisco" as a DO to Peru does not hinder the use of that name for products originating in Chile.

Malasia recognizes Pisco as a DO from Peru as well as, Israel, Nicaragua, Algeria, Cuba, Georgia, Haiti, Bolivia, Colombia, Ecuador, El Salvador, Guatemala, Panama, Dominica Republic, Venezuela, Nicaragua and India (since November 2018). However, Costa Rica, United States, China, Malaysia, Singapore, Thailand and Vietnam recognize Pisco as a DO from Chile.

More information about Pisco here.

Pisco: Cultural Heritage of Peru

Patricia Covarrubia August 17, 2017 No comments:

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.

Uruguay and Chile: new agreement in the region

Patricia Covarrubia August 09, 2017 No comments:

Economic and trade relations between Chile and Uruguay are currently governed by the Economic Complementation Agreement between Chile and the Southern Common Market (MERCOSUR) which comprises also Argentina, Brazil, and Paraguay. In order to deepen and stimulate trade relations, both countries agreed to start negotiations in early 2016 to set up a Free Trade Agreement.

This project has now reached the Chilean Chamber of Deputies for its First Constitutional Process.
This Agreement in general will coexist with the international agreements in which both countries are parties. Therefore in regards to Intellectual Property they reaffirm the commitment of both parties to the Berne Convention, Paris Convention, the TRIPS agreement and to its amendment protocol contained in the Doha Declaration (re. access to generic medicines).

If you are looking at the agreement, see chapter 10 (at page 183) which is the one that covers IP.

Article 10.5 covers ‘principles’ which refers to a balanced treatment between the rights of innovators on their creations and the social component of the use of knowledge for the benefit of citizens – provided they are compatible with the IPRs provisions. In this we observed that Article 10.5bis refers to the commitment to public health acknowledging the Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health WT/L/540; and furthermore, the commitment to support the agreement presented by WT/L/641: inserting Article 31bis after Article 31 and by inserting the Annex to the TRIPS Agreement after Article 73.

Article 10.11 covers ‘denominations of origin and geographical indications’. In this, it asserts that each party must ensure in its legal system the protection of DOs and GIs and this to be in line with the TRIPS. The agreement further contains an Annex, if you look at Annex 10.11 it only covers Pisco and it contains this disclaimer “The foregoing shall be understood without prejudice to the recognition that Uruguay may grant to a country which is not a party in relation to homonymous geographical indications and denominations of origin.” According to MENSAJE Nº 348-364/ Pisco then has automatically secured access to the Uruguayan market without any geographical identifier.

Annex 10.7 has a list of DOs and GIs from both parties. From Uruguay is is mainly wines while Chile shows others such as ‘Limón de Pica’, ‘Sandía de Paine’, ‘Aceituna de Azapa’, ‘Dulces de la Ligua’, ‘Oregano de Putre’, and ‘Cordero Chilote’ to name a few.

Peruvian Pisco: Renowned reputation

Patricia Covarrubia July 31, 2017 No comments:

From the Peruvian Institute for the Defense of Free Competition and the Protection of Intellectual Property (Indecopi) we read the news that Pisco, a denomination of Origin, has been given the character of reputable due to its well-known status (Resolución N° 13880-2017/DSD-Indecopi).

INDECOPI recognised that Pisco has ‘reached a relevant level of knowledge, recall, great quality and positioning that put it at same level of other famous denominations of origin and world-wide marks.’ Giving this distinction means that Pisco ‘reinforces its protection and extends it to the countries of the Andean Community of Nations.’ [Bolivia, Colombia and Ecuador are the other members of the Andean Community]

The director of INDECOPI’s Distinctive Signs, Mr Meloni García, noticed that 'in order to determine this notoriety, attention was paid to a number of factors, including sales volume, advertising of the denomination of origin, intensity and duration of use, prestige and value achieved over time, among others aspects.’

The notoriedad en grado de renombre (literal translation would be renowned reputation) is given to signs that are known by consumers belonging to diverse markets and, in addition, it enjoys of high prestige and reputation.

Some IPTango moves

* Listed as one of the "Best blogs on Intellectual and Industrial Property Law". The University of Alicante Intellectual Property & Information Technology Project (UAIPIT).

* One of the only two Latin American blog listed in the "Top 100 Intellectual Property Blogs". Feedspot, as of May 2021.

* Listed as one of the "Top 15 Blogs For An Intellectual Property (IP) Enthusiasts". Buzzfeed.com, January 2017.

* Listed as one of the "World's Best IP Blogs". BananaIP.com, December 2015.

* IPTango founder Professor Jeremy Phillips was listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.

* Listed as one of the "Influential intellectual property blawgs". A Dictionary of Intellectual Property Law, Peter Groves, 2011.

* Listed as one of the "Communities of Blawgers". Los blogs jurídicos y la web 2.0. para la difusión y la enseñanza del derecho, Gonzalo Ramírez Cleves, 2010.