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What is in a (geographical) name?

16 December 2024

16 December 2024

 

Geographical Indications (GIs) are labels that identify products originating from a specific region, with qualities or a reputation tied to that place, like "Champagne" from France. In Australia, GIs are controversial, particularly in trade negotiations with the European Union (EU). While Australia's laws like the Trade Marks Act and Australian Consumer Law protect brands, these do not offer the same level of protection for GIs as seen in Europe. Currently, only wines can be registered as GIs in Australia, with limited options for other products.

The controversy around GIs in Australia centers on the failed 2023 Free Trade Agreement (FTA) negotiations with the EU. The EU wanted Australia to recognise certain GIs, which many Australian producers opposed, fearing restrictions on using names like "Fetta" or "Prosecco." In contrast, countries like New Zealand, Japan, and Canada have successfully negotiated trade deals with the EU that protect GIs.

Looking forward, there is still potential for Australia to resume FTA talks with the EU. If an agreement is reached, it could benefit Australian businesses by protecting their GIs in Europe, enhancing the value of their products, and boosting local economies, similar to what other countries with GI protection have experienced. Any agreement could include provisions to protect businesses already using certain terms, as seen in New Zealand's deal.

Adopting a GI system has been beneficial in many countries, boosting local businesses and regional economies. If Australia agrees to a similar system, it could enjoy similar advantages. However, it also requires Australian legislators to step up and implement GI laws which will assist all Australian producers, not just those in the wine industry, both domestically and overseas.

Future of GIs in Australia

Although negotiations with the EU fell through, they could restart, especially given the significant market value of EU GI-protected products.

If an agreement is reached, it could benefit Australian businesses by protecting their GIs in Europe and enhancing the reputation and economic value of Australian products.

The agreement could include provisions to protect businesses already using certain terms, as seen in New Zealand's deal.

Conclusion

Adopting a GI system has been beneficial in many countries, boosting local businesses and regional economies. If Australia agrees to a similar system, it could enjoy similar advantages.

 

16 December 2024
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