COUNTRY : COMMONWEALTH OF AUSTRALIA
CAPITAL : CANBERRA
LANGUAGE : ENGLISH
MEMBER - PARIS CONVENTION, WTO-TRIPS, MADRID PROTOCOL, BERN CONVENTION TREADEMARK LAW TREATIES,
The IP affairs in Australia are looked after by IPAUSTRALIA.
The Geographical Indications Committee (GIC) determines GIs in 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.
• 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.
Applications for registration of GIs can be filed by:
(i). Individual wine makers
(ii). Winegrape owners.
(iii). Association or declared organisations representing growers and / or winemakers.
Once the application is filed with the IP office, it is assessed by the (GIC) on the following criteria:
(iv). Harvest dates
(vi). Traditional use of the area and name
(vii). Consultation with declared wine growers or winemakers organisations
(viii). Consultation with other relevant organisations or individuals
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 Geographical Indication is registered in the Geographical Indication Register.