What is a geographical indication?
International indications
GIs are protected on a country-by-country basis, so a GI common name for a product that is available for use in Australia may not be available for use overseas. Exporters need to be aware of the regulations in each region to which they export as there are terms that may be used in trade marks and as descriptors on packaging in Australia, particularly in the food industry, which may be already protected as GIs in other countries, Goss explains. “This could potentially limit the ability of Australian exporters to use the same terms in other countries where they are protected as GIs, so they should check with the relevant authority, trade advisers or an intellectual property professional experienced in such matters.”
Protection for Australian and European wine terms has become increasingly formalised in recent years. There are also a number of foreign GI terms protected as certification trade marks in Australia, such as Grana Padano and Parmigiano Reggiano for cheese, Darjeeling and Ceylon for tea, and Parma for ham.
For some producers, a GI alone may not be the appropriate marketing tool to set their product apart from the pack. “Exporters should remember that a geographical indication can be used by all the producers of goods from a particular area that meet the required criteria, whereas a trade mark is usually the exclusive property of one trader,” says Goss. “Therefore an exporter needs to evaluate whether a trade mark that has established a significant reputation is more valuable and easier to establish and protect than a geographical indication.”
So far, wine is the first and only cab off the rank in Australia to take up the use of GIs in a formalised, structured way, but other Australian producers would be wise to consider whether they might benefit from formally protecting their Australian GIs.
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