Delhi High Court Rules the Concept of ‘Prior Adoption’ Irrelevant Under GI Act, Unlike Trademark Law

The Delhi High Court has ruled that the principle of ‘prior adoption,’ crucial in trademark law, does not apply under the Geographical Indications of Goods (Registration and Protection) Act, 1999.

In a dispute over the GI “PISCO,” Peru’s claim of earlier use to block Chile’s application was rejected. The Court emphasised that GI rights stem from cultural and industrial links, not historical claims.

The court noted that Section 9 of the GI Act lacks any reference to “priority” or “dishonesty.” The Court modified the IPAB order to register the term as “Peruvian PISCO.”