Distilled Spirits – Brandy – Chilean Pisco (5)
Origin denomination and international dispute over pisco
Pisco is a brandy produced by distilling potable wine in the III and IV regions of Chile, according to Chilean legislation. Law 18455, in effect since 1985, establishes that the origin denomination “pisco” is reserved for the brandy made in these regions, using specific grape varieties. The Pisco Origin Denomination Regulation, decreed in 2000, further defines the characteristics of the product and its production.
However, there is a dispute between Chile and Peru regarding the exclusive use of the origin denomination “pisco.” Peru argues that the name is closely linked to the Pisco region, where it is believed to have been produced since the Spanish colonial era. Peru maintains that it should have exclusive rights to use this denomination, similar to the case of “champagne” in France. On the other hand, Chile argues that the term “pisco” is equally applicable to the brandy produced in its territory and that it has been used to refer to this beverage since the colonial period. Chile maintains that both countries have the right to use the denomination due to shared history and geographic and cultural factors.
This controversy has led to an international dispute in which both countries have submitted applications for the registration of the origin denomination “pisco” to the World Intellectual Property Organization (WIPO) and other international organizations. So far, the international recognition of Chilean pisco has been extensive and diverse in different countries and trade agreements.
In some cases, “Chilean Pisco” is recognized as an exclusive geographical indication of Chile, while other countries recognize the denomination for products originating from both countries. Some examples of recognition agreements include Canada, Mexico, the United States, South Korea, Australia, Turkey, Malaysia, and Japan. In the European Union, both Chile and Peru have obtained recognition for the origin denomination “pisco.”
It is important to note that some countries have rejected Peru’s applications for exclusive registration due to trade agreements or legal considerations. For example, France, Italy, Portugal, and other European Union countries rejected Peru’s application to protect the exclusive use of the denomination “pisco” due to trade agreements with Chile. Other countries like Bulgaria and Mexico rejected the application if it represented an obstacle to the use of products from Chile with the denomination “pisco.”
The dispute between Chile and Peru regarding the exclusivity of the use of the origin denomination “pisco” continues, and both countries continue to seek protection and promotion of their respective pisco productions at the international level. Meanwhile, the international recognition of Chilean pisco has expanded in various countries and trade agreements, which supports Chile’s position in this dispute.
