Submission to IP Australia: Australia-European Union Free Trade Agreement: Consultation on a possible new geographical indications right

Kana Nakano, William Van Caenegem, Jen Cleary

Research output: Other contributionSubmission to governmentResearch

Abstract


The Australian Government has opened public consultations on a possible new geographical indications (GI) right.

In June 2018 the Australian Government launched negotiations for a comprehensive and ambitious Free Trade Agreement (FTA) with the European Union (EU). Securing improved access to the European market through the FTA will deliver new trade and investment opportunities across Australia, including for our rural and regional areas.

In order to secure Australia’s interests in the FTA, the Government is engaging with the EU on its interests, including in relation to Geographical Indications (GIs). Consistent with its approach toward other FTA partners, the EU has identified the protection of GIs as one of its key objectives in the negotiations. The Government has made no commitment to protect specific EU GIs and has made clear it would only consider doing so if the overall FTA deal was good enough for Australia, including by delivering on Australia’s agricultural market access interests. Nothing in this consultation means the Australian Government has agreed, or will agree, to make any changes to its existing GI regulatory framework or policy.

Should Australia agree to protect specific EU GI terms through the FTA and change the way we currently protect GIs, we would need to amend our law. Were we to do so, the Government would amend the Trade Marks Act 1995 to create a GI right.

This consultation builds on our existing engagement by seeking industry, business and community views on the type of system changes that may be considered in the event a negotiated outcome gave rise to changes to the way we currently protect GIs.

The consultation paper outlines the main GI policy considerations.
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Part A of this submission addresses issues raised by IPAustralia’s Consultation Paper.

Part B of this submission concerns a general description of a possible new geographical indication right for Australia.

This submission was compiled by Kana Nakano and William van Caenegem of the Faculty of Law, Bond University, and in Part A additionally by Jen Cleary, Centre for Global Food and Resources, University of Adelaide.
Original languageEnglish
Number of pages51
Publication statusUnpublished - 2020

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