Your guide to geographical indications worldwide
01 November 2008
Managing IP asked correspondents in eight jurisdictions that provide some form of protection for GIs or their domestically named equivalent to address the key questions for brand owners
Australia
1) Availability
As a member of the WTO, Australia has numerous obligations under TRIPs in relation to the protection of GIs. In meeting these obligations, Australia relies on a combination of existing legislative provisions and the common law. Thus, with the exception of wine, there is no official register of GIs and protection is afforded where it is demonstrated that use of the term constitutes an act of unfair competition. This rule applies both to Australian and international products. With respect to wine, the relevant legislation is the Australian Wine and Brandy Corporation Act 1980 (Cth) (AWBC Act) which not only creates a procedure for determining GIs but also creates a specific register of protected names....
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