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PISCO: PERUVIAN GUARANTEE OF ORIGIN AND
QUALITY.
By: Dr Roberto Romero Pineda.
Last June of 2004, by means of a
resolution issued by the Intellectual Property Registry, El
Salvador became the tenth Latin-American country recognizing
PISCO as a Peruvian Guarantee of Origin and Quality.
The name PISCO is given to the Peruvian grape’s liquor obtained
from distillation of fresh stocks from the exclusive
fermentation of the grape juice. This is developed in the
producer areas in the south coast of Peru, previously recognized
and classified as such, in the manufacturing rules, following
traditional practices between their producers.
On the other hand, Guarantee of
Origin and Quality – according to definitions of International
Treaties and our Trademark and Other Distinctive Signs Law – is:
“The geographic denomination of a country, a region or a
location that serves to designate a product that originates from
it and of which quality or character is due exclusively or
essentially to the geographic environment, such as natural and
human factors."
For a Guarantee of Origin and Quality is deemed as such, it must
meet 3 essential requirements as follows:
a) The Guarantee of Origin and Quality must be the geographical
name of a country, region or
location;
b) The Guarantee of Origin and Quality must serve to designate a
product that comes from this
country, region or location; and
c) A link of quality between the manufactured product and the
country, region or location from
which it comes must exists.
Such link by itself must be due exclusively or essentially to
the
geographic environment where the product will be produced,
this refers to the natural factors,
like the soil, water and
climate, and the human factors like the traditional techniques
of
production.
Without one of these 3 requirements, a product could not being
deemed nor recognized as a Guarantee of Origin and Quality. Even
though the product meets two of the three requirements pointed
out, which also are part of the criteria given by World
Intellectual Property Organization and adopted by every
international treaty specialized in that matter, as with
Lisbon Agreement relative to the Protection of Guarantee of
Origin and Quality and its international registration and the
Agreements of World Trade Organization about Aspects of
Intellectual Property Rights, related to trade.
In this way, PISCO meets every
mentioned point, since Guarantee of Origin and Quality – as we
know it nowadays – comes from several complementary sources or
origins that join in one only result: the PISCO name for grape
juice liquor, which is manufactured in the south coast of Peru,
specifically in departments Lima, Ica, Arequipa, Moquegua,
Lucumba and the Sama and Caplina Valleys in the Tacna department.
In fact, the PISCO origin starts
in pre-Columbus epoch, when natives in the area – influenced by
Inca conquer – adopted the Quechua as language, from which they
used the names PISCKU, PISCCU, PHISHGO or PICCHIU, to refer the
birds that, even today, inhabits that area.
The amount of birds, then, made the local people to name PISCO
to that area, name kept even after the Spanish arrival, and this
can be proved by the first Peruvian known map, dated 1574, where
the location of PISCO can be checked, located to the south of
the City of the Kings, in Lima gulf. Besides that, another
source about Guarantee of Origin and Quality, we can find it in
the natives that inhabited the south area in Peru, descendant
from Paracas culture and known because of their textiles and
ceramics.
From this culture, derives the PISKOS cast, who specializes in
manufacture of clay recipients. Ceramist producers named these
recipients with their own name, starting to store in them the
grape juice liquor that was manufactured in the area. As time
elapsed, the liquor was identified with the name of recipient,
adopting the name, as we know it nowadays. The junction of the
above mentioned factors configures the existence of requirements
a) and b); while weather conditions of area (hot during day and
cool at night), besides of traditional procedures that for
centuries have been used for its manufacturing, makes PISCO to
have a close link of quality regarding the geographical area
where it is developed, meeting this way the third requirement.
With the registration of
Guarantee of Origin and Quality PISCO as Peruvian, El Salvador
enters the XXI century with the right step in Intellectual
Property Protection in the world, sending a positive message
that we lack for years: being a country respectful of
Intellectual Property Rights, message that at this time brings
great importance up front to release and globalization of
International Trade of goods and services, thanks to the
multiple Free Trade Agreements in our continent.
In Romero Pineda & Associates, we
are proud of succeeding in the registration of Guarantee of
Origin and Quality PISCO as Peruvian, which at the same time
enforces us to keep fighting for Intellectual Property
Protection in our country.
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