How are geographical indications protected in Australia?
The TRIPs Agreement does not specify the legal means by which Members must implement their TRIPs obligations to protect GIs. Instead, the manner in which these obligations are implemented is left for Members to decide in accordance with their social, economic and legal needs and traditions. Australia meets its TRIPs obligations to protect wine and spirit GIs through specific legislation, and other GIs through a range of unfair competition and consumer protection legislation, as well as the common law. Key legislation is: • the Trade Practices Act 1974 which prevents misleading conduct, including representations concerning the place of origin of goods; • the Trade Marks Act 1995 which allows for the registration of a GI term, provided that certain criteria are met; and • the Australian Wine and Brandy Corporation Act 1980 which sets up a specific register of protected names for wine. For further details of the specific Australian laws protecting geographical indications, see Australia’s
