Agreement between Australia and the European Community on Trade in Wine
In 2016, the US and the EU halted negotiations on a free trade agreement. European geographical indications reflect the richness and diversity of products that our agricultural sector has to offer. The benefits of producers are obvious. You can sell products at a higher value to consumers who are looking for authentic regional products. Geographical indications are a key aspect of our trade agreements. By protecting products around the world, we prevent the fraudulent use of product names and preserve the reputation of European agricultural and food products and beverages. Geographical indications protect local value on a global scale. [emphasis added] One of the EU`s objectives in the Australia-EU Free Trade Agreement is for Australia to extend GI protection through national legislation to a list of product names (currently 400 names including 166 foods and 234 spirits) in addition to wine-based geographical indications already protected in Australia. International agreements, including a number of free trade agreements, have recognized geographical indications as intellectual property that must be protected.
The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (commonly known as TRIPS) requires members to take legal measures to protect certain geographical indications, but does not specify the means by which they are to be protected. WTO members may decide this. A GI that functions as a trademark can be considered an intellectual property right that allows certain manufacturers to name their products based on the geographical origin of the products. When negotiating the terms of the free trade agreement with the EU, the Australian government will assess competing objectives and considerations, which would likely include the following: Such an agreement also sets out the conditions for Australian wine producers to continue to use a range of quality wine terms such as “vintage”, “cream” and “fawn” to describe Australian wines exported to Europe and sold domestically. Home » Insights » Australian Agreement of the European Community on Trade in Wine Amendments to the Trade in Wine Act 1995 (Cth) were also necessary to implement the agreement and ensure that its application is consistent with that of the AWBC Act. Although there are already restrictions on the registration of marks containing geographical indications, the amendments clarify that marks containing a common English word corresponding to a geographical indication may be registered. The main objective of the Australian Wine and Brandy Corporation Amendment Act 2010 (Cth) (Amendment Act) was to bring into force the Australian Community Agreement on Trade in Wine, signed by Australia and the European Community in Brussels on 1 December 2008. The EU agreement replaced an earlier agreement signed in 1994 and represented the conclusion of negotiations on outstanding issues, particularly with regard to: Many Australian companies see the EU proposal to improve GI protection as a trade protectionist measure that could harm Australian exports. DFATD`s website contains a list of stakeholder submissions to the Australia-EU Free Trade Agreement. The new agreement provides for the immediate protection of other EU geographical indications for wines. Expiry periods have been agreed for the use of certain conditions. In particular, from 1 September 2011, i.e.
one year after the entry into force of the Agreement, Australian producers will no longer be able to use important EU names such as `champagne`, `Port wine`, `sherry` and other European geographical indications, as well as certain traditional expressions such as `Amontillado`, `Claret` and `Auslese`. In 2009, EU wine exports to Australia amounted to €68 million and Australian exports to the EU to €643 million. Due to the size of the EU market, the EU has the necessary bargaining power to push for better protection of GIs in negotiations on free trade agreements. For example, the EU is Australia`s third-largest trading partner (behind China and Japan) with more than $58.7 billion in merchandise trade in 2019-2020. On the other hand, Australia was ranked as the EU`s 19th largest trading partner in 2020. The Australian Wine and Brandy Corporation will continue to be the legal body responsible for investigating and prosecuting violations of the AWBC Act, while helping Australian wine producers promote exports and maintain the integrity of their wineries. .
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