ASOCIACION DE PRODUCTORES DE PISCO A.G. vs UNION OF INDIA & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)-IPD 17/2021, CM 139/2022 & CM 59/2023 ASOCIACION DE PRODUCTORES DE PISCO A.G. .....Petitioner Through: Ms. Shwetasree Majumder, Mr. Aditya Verma, Mr. Rohan Krishna Seth, Mr. Rigved Prasad, Mr. Ritwik Marwaha, Advocates Mob: 9911167179 Email: [email protected] versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Vijay Joshi, Advocate for R-1 and R-2 Mob: 9873677817 Email: [email protected] Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Prashant Gupta, Mr. Jithin George, Mr. Gaurav Sindhwani, Advocates for R-4 Mob: 8130010262 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 07.07.2025 MINI PUSHKARNA, J: 1. The present writ petition has been filed challenging the Order dated 29th November, 2018 (“impugned order”) passed by the Intellectual Property Appellate Board (“IPAB”), by which the respondent no. 4‟s Geographical Indication (“GI”) application bearing no. 43 for „PISCO‟, was allowed. Signature Not Verified Digitally Signed By:HARIOM W.P.(C)-IPD 17/2021 Page 1 of 47 Signing Date:07.07.2025 20:28:20 Further, by the impugned order, order dated 3rd July, 2009 passed by respondent no. 2, i.e., Assistant Registrar of Trade Marks & GI, granting GI to respondent no. 4 as „Peruvian PISCO‟, was set aside. 2. The petitioner is also claiming similar rights over the name/GI PISCO for certain alcoholic beverages manufactured in Chile, in the same manner as claimed by respondent no. 4 for its alcoholic beverage manufactured in Peru. Therefore, the petitioner has filed a GI application for „Chilean PISCO‟ on 3rd June, 2020, which has been allotted application no. 689. It is the case of the petitioner that the GI of respondent no. 4 ought to be „Peruvian PISCO‟, while the pe