Synopsis

This judgment by a Division Bench of the Delhi High Court dismisses an appeal filed by the Embassy of Peru against a Single Judge's order regarding the registration of the Geographical Indication (GI) "PISCO" for an alcoholic beverage. The dispute arose between Peru and a Chilean association (ADP) over the rights to the name. The Single Judge had upheld the Assistant Registrar's decision to grant Peru the GI "PERUVIAN PISCO" (with a prefix) rather than the standalone "PISCO," to avoid consumer confusion, given Chile's long-standing use of the same name for its own distinct beverage. The Division Bench affirmed this, holding that while Peru made out a case for a GI, granting the standalone "PISCO" would violate Section 9(a) of the GI Act by being likely to deceive or cause confusion. The court also clarified that the power to impose such a condition (adding a geographical prefix) is inherent in Section 11(6) of the Act, even if the case for a homonymous GI under Section 10 was not made out.

1. Heading for the judgment

Citation: Embassy of Peru v. Union of India & Ors., LPA 577/2025, decided on 18.03.2026 (Delhi High Court - DB)
Coram: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla (Division Bench)
Core Law: Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act).

Delhi High Court upholds registration of "PERUVIAN PISCO" as GI, holds that standalone "PISCO" would cause confusion under Section 9(a) of GI Act given Chile's concurrent use.

2. Legal framework

This judgment is a significant exposition of the law on Geographical Indications, particularly concerning international disputes and homonymous GIs.

• Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act):
  Section 2(1)(e): Defines a "geographical indication." The court analyzed the requirement that the indication must identify goods as originating from a specific territory, where a given quality, reputation, or other characteristic is attributable to its geographical origin.
  Section 2(1)(g): Defines "indication" to include any name which conveys or suggests the geographical origin of the goods.
  Section 9: Lists absolute grounds for refusal of registration. The court focused on:
  Clause (a): Proh

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