AUSTRALIA

• ROLE PLAYED BY GEOGRAPHICAL INDICATION AUSTRALIA:

  • Requisites to be a Geographical Indication:

    In the Australian Context, Wines as Geographical Indications are emphasised upon. Accordingly:

    (i) A Geographical Indication (GI) is a word or expression used in the description and presentation of a wine to indicate the country, region or locality in which it originated or

    (ii). To suggest that a particular quality, reputation or characteristic of the wine is attributable to the wine having originated in the country, region or locality indicated by the word or expression.

• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN AUSTRALIA
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE AUSTRALIA
  • • The Trade Practices Act 1974 which prevents misleading conduct, including representations concerning the place of origin of goods
    • The Trade Marks Act 1995 which allows for the registration of a GI term, provided that certain criteria are met, and
    • The Australian Wine and Brandy Corporation Act 1980 which sets up a specific register of protected names for wine.
• REQUISITES TO BE GEOGRAPHICAL INDICATION AUSTRALIA

  • In the Australian Context, Wines as Geographical Indications are emphasised upon. Accordingly:

    1. A Geographical Indication (GI) is a word or expression used in the description and presentation of a wine to indicate the country, region or locality in which it originated or
    2. To suggest that a particular quality, reputation or characteristic of the wine is attributable to the wine having originated in the country, region or locality indicated by the word or expression.
• WHO CAN FILE GEOGRAPHICAL INDICATION AUSTRALIA

  • Applications for registration of GIs can be filed by:

    1. Individual wine makers
    2. Winegrape owners.
    3. Association or declared organisations representing growers and / or winemakers.

    Objections to applications may be filed by trademark owners or by applicants whose trademark applications are pending registration.

     

• EXAMINATION OF GEOGRAPHICAL INDICATION AUSTRALIA

  • Once the application is filed with the IP office, it is assessed by the (GIC) on the following criteria:

    1. History
    2. Geology
    3. Climate
    4. Harvest dates
    5. Elevation
    6. Traditional use of the area and name
    7. Consultation with declared wine growers or winemakers organisations
    8. Consultation with other relevant organisations or individuals
• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION AUSTRALIA

  • GIC at its discretion may vary the name and / or boundary as proposed in the application which is published in the local newspapers and the Government Gazette for public comments.

    If there is no opposition to the application, or the opposition is unsuccessful, the applicant’s GI is registered in the GI Register.

• USAGE OF GEOGRAPHICAL INDICATION AUSTRALIA

  • It is important for the GI to be used as a GI for the designated gooods in the country of their origin. If the GI ceases to be thus, the owner of that GI will be unable to oppose registration of that GI as Trademark in Australia.

    There is no need for individual authorised users of a GI to use that GI continually to retain their rights to use it. Once a GI is entered onto the Register of Preotected Names, it is available to be used on all wine originating within tht determined area.

• Cost of Registration of Trademarks