The Australian government has released the list of geographical indications (GIs) the EU is seeking protection for if/when the proposed free trade agreement goes ahead.
According to the announcement, the EU is seeking protection for 236 spirit names and 172 agricultural or other types of name.
The full list can be found via here.
The EU is seeking that included GIs be protected against:
- any direct or indirect commercial use of a GI name:
- for comparable products, or
- in so far as such use exploits the reputation of the GI, including when that product is used as an ingredient;
- any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar, including when those products are used as an ingredient;
- any other false or misleading indication as to the origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin, including when those products are used as an ingredient;
- any other practice liable to mislead the consumer as to the true origin of the product.
No more mozzarella on top of your pizza, no more prosciutto around your melon balls, no more puy lentils (unless they’re imported from over there)?
If you think the inclusion of a name in the list will harm your interests, you should get your objection in by 13 November 2019.
The government says, however, you should base your objections on at least one of the following grounds:
- the name is used in Australia as the common name for the relevant good;
- the name is used in Australia as the name of a plant variety or an animal breed;
- the name is identical to, or likely to cause confusion with, a trade mark or GI that is registered or the subject of a pending application in Australia;
- the name is identical to, or likely to cause confusion with, an unregistered trade mark or GI that has acquired rights through use in Australia; or
- the name contains or consists of scandalous matter.