Federal Govt. Gives $100k Grant to Protect Australian Prosecco with GIs

Fighting to let Australian winemakers continue using the name Prosecco, the federal government has recently given a $100k grant to researchers at Monash University for exploring the legal basis to protect wines with Geographical Indications (GIs) in trade agreements.

Dan Tehan, the federal education minister, announced that with the grant for the Australian Research Council’s Linkage Projects, they want the university to provide recommendations on GI claims to the Australian government and industry bodies.

According to researchers at Monash University, Australia’s Prosecco exports, which worth $60 million annually, are prophesied to rise to around $500 million over the next decade. The research team includes Professor Moira Paterson, Professor Mark Davison, Dr. Caroline Henckels, and Dr. Lisa Spagnolo, from Monash University’s Faculty of Law.

A specialist in Intellectual Property Law (IP Law), Dr. Enrico Bonadio from the City University of London, has also participated as a member of the team. The legal specialists investigated the criteria, evidence, and procedure required to establish a GI of wine, as utilized in trade agreements and legal disputes.

However, the EU (European Union) wants wine producers to prohibit marketing wine labeled as Prosecco. It claimed that the term Prosecco is a GI for a sort of wine being locally made in northern Italy and isn’t considered as a grape variety.

Professor Davison said that if Prosecco is the name of a grape variety and isn’t a GI, the prohibition of its use in trademarks on Australian Prosecco would possibly contravene Article 2.1 of the Technical Barriers to Trade Agreement and Article 20 of the TRIPS Agreement. He added that they’re grateful to the Federal Government for the financial support to develop a legal framework and associated guidelines to defend GIs for wines, and to aid the Australian wine manufacturing industry in dealing with Geographical Indication Infringement claims and Geographical Indication Registration issues.

Since the early 2000s, Prosecco has been produced in Australia and used worldwide as a grape variety until 2009. But then in the same year, it was recognized as a GI under Italian Geographical Indication Law through the creation of a Denominazione di Origine Controllata across the Veneto and Friuli regions.

Later in the year 2013, the European Commission attempted to register Prosecco as a Geographical Indication in Australia but failed after the Winemakers’ Federation of Australia successfully argued that it was the name of a grape variety. For more visit: https://www.trademarkmaldives.com

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EU and China Agree on Geographical Indication Protection for 200 Products

The European Union (EU) and China have recently concluded talks on a bilateral agreement for the protection of 100 European Geographical Indications (GIs) in China and 100 Chinese GIs in the EU.

The agreement aims to increase the demand for high-quality products and generate trade benefits in both the EU and China.

The list of EU products that would be GI protected in China includes Cava, Feta, Irish whiskey, Champagne, Munchener Bier, Polska Wodka, Ouzo, Queso Manchego, and Prosciutto di Parma. The Chinese products that will have Geographical Indication Protection in the EU cover Pixian Dou Ban, Anji Bai Cha, Panjin Da Mi, and Anqiu Da Jiang.

China’s Ministry of Commerce on 7th November 2019 said that this bilateral agreement amid the EU and China on GI is of milestone significance in regards to strengthening China-EU economic and trade cooperation. The spokesperson for the ministry – Gao Feng announced that GI is a name or sign used on products having a specific geographical origin and possess reputation or qualities that are due to that origin. This agreement is expected not only to prohibit counterfeiting of GI products but also to enable consumers to get high-quality items. It has likewise provided a robust guarantee for Chinese stocks to enter the EU market and improve their brand awareness there and worldwide, he added.

Gao continued by saying that with this agreement, Chinese products will have the right to use the EU’s official certification mark, thus making it easier for firms to export relevant items to Europe. At the same time, the agreement will aid in alleviating China’s poverty as some of the Chinese GI products originate from underdeveloped areas in the nation. China and the EU are willing to work together to implement the GI agreement, promote bilateral economic and trade cooperation, and improve the well-being of the residents on both sides, he added.

Meanwhile, China also rests with a well-established GI system having specialties that European consumers can discover now. With EU agri-food exports that reached €12.8bn in the last year, China has become the second-largest country for EU agri-food exports. Besides, due to the continuously growing middle-class demand for high-quality, genuine, and iconic European products, the Chinese market is a remarkably profitable platform for European food and drinks.

Phil Hogan, European Commissioner for Agriculture and Rural Development, said that the European GI products are famous for their quality across the world. Trusting the origin and genuineness of these products, consumers never mind paying the higher prices, while additionally rewarding the farmers. This recent agreement shows their commitment and willingness to work with their global trading partners like China. It is a win that will benefit both the parties by strengthening the trading relationship, benefitting the agricultural and food sectors, and profiting consumers on both sides.

At last, it is expected that the agreement will now have to face legal scrutiny, with predictions that it will come into force before the end of 2020. For more visit: https://www.trademarkmaldives.com

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A brief about Geographical Indications and Designation of Origin

Having a wide range of applications in Intellectual Property (IP) regimes of several countries worldwide, Geographical Indication (GI) is a sign, symbol, or name used on products to indicate that they have originated from a specific geographical locality and possess qualities, characteristics, and reputation attributable to their origin. GI not just functions as quality marks that improve export markets and revenues but also provides a precise source of origin. In this way, it prevents unauthorized users or manufacturers from manufacturing and selling fake products, i.e., products that don’t meet the applicable standards in regards to that origin. For instance, as Darjeeling tea holds a GI tag, its producers have a complete right to prevent the use of the term Darjeeling for the tea products, which are either not produced as per the standards set by the GI law or not grown in their jurisdictions. Though geographical indication protection doesn’t provide the right to prevent others from using the same technique or procedure to manufacture products similar to those that have been granted GI tags, yet it is beneficial in protecting unauthorized use of sign, symbol, or a name that constitutes indication.

Now, if we talk about the designation of origin, it refers to a special kind of protection and implies exclusive or essential natural and human factors of the geographical environment leading to specific characteristics and quality of products and services. It grants protection to the names or signs indicating that a product or service originates from a specific geographical region.

Why Should Geographical Indications and Designation of Origin be protected?

Protection of GIs and designation of origin under the Intellectual Property Law is crucial to evade unauthorized use and infringement. Prevention of such unlawful use will ultimately contribute to increasing the commercial value and reputation of the products and services. Moreover, it also benefits the general public and consumers. For instance, by promoting good business practices and fair market competition, protected GIs will help the customers to buy the precise products. Furthermore, by retaining the active workforce and stimulating family farms, especially in rural areas for developing specific and traditional products and services, the protection of these signs is favorable to economic development as well.

How Should the Protection of Geographical Indications be granted?

The protection of GIs under IP should be granted through a relevant registration procedure. GIs are often protected under national laws and following a wide range of concepts, like laws for the protection of certification marks, laws against unfair competition, consumer protection laws, or special laws for the protection of geographical indications or designations of origin. The Geographical Indication Protection provides the owner with the right to prevent third parties from using the authorized indication on or for the products or services that do not conform to the applicable standards and can be obtained by acquiring right over the sign or name that constitutes the indication. Once registered, the GI and designation of origin may be used collectively by any of the producers (who meet the requirements) from the specific locality.

Contrary to other sorts of Intellectual Property Rights (IPRs) like a trademark, patent, Industrial Design, and more, the legal systems taking care of this field may differ from state to state. One other considerable fact about geographical indication or designation of origin is that these are often used with producers’ sign or logo that can be protected under trademark with a perspective to focus on the individual character and common characteristics of products’ origin.

Protection of GI tags and designation of origin not just prohibits infringement issues but also builds a remarkable reputation worldwide. It then motivates the consumers to buy the GI products, along with visiting the regions where these commodities are being produced or made, and that ultimately benefit both the producers and nations by enhancing the tourism of those areas. For more visit: https://www.trademarkmaldives.com

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