- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Dismissed
Headnote
Appeal dismissed, upholding registration of the geographical indication as PERUVIAN PISCO rather than PISCO standing alone. The Division Bench held that the power in section 11(6) to accept an application subject to "amendments, modifications, conditions or limitations" is, in its words, as wide as all outdoors and unfettered by any caveat in the statute, and extends to allowing registration subject to the GI being prefixed with the geographical identifier PERUVIAN. Although section 16(1) read in isolation speaks of registering the geographical indication of which registration is sought, it must be read in tandem with section 11(6). Peru was held entitled to surrender the registration if it did not want it, but not to registration of PISCO as a standalone GI.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.