Now Reading: Australian court rejects India’s exclusive basmati trademark plea
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Australian court rejects India’s exclusive basmati trademark plea
The Australian Federal Court has rejected APEDA’s plea for an exclusive certification trademark for Indian basmati rice, ruling that the name refers to rice produced across parts of India and Pakistan. The…
The Australian Federal Court has rejected APEDA’s plea for an exclusive certification trademark for Indian basmati rice, ruling that the name refers to rice produced across parts of India and Pakistan. The decision affects exporters in Punjab and Haryana, with Punjab accounting for about 40% of India’s basmati exports.
The court said Australian consumers view basmati as a rice type linked to a wider region, not as a certification mark controlled by India. APEDA first filed the application in 2019. Indian basmati sales in Australian retail outlets between 1988 and 2018 were estimated at 306,095 tonnes, worth $380 million, compared with $44.12 million for Pakistani basmati.
The ruling means Indian exporters will compete with Pakistani suppliers in Australia. Similar recognition efforts faced difficulties in New Zealand and Kenya, while an application in the European Union has been pending since July 2018. Exporters plan to work with APEDA on certification, branding and market protection.
Indian Opinion Analysis
A certification trademark and a geographical indication serve related but different purposes. A GI identifies goods linked to a defined origin, while a certification mark depends on an authority setting and enforcing standards for users of the mark. Australia’s Trade Marks Act requires a certification mark to distinguish qualifying goods from others, making control and consumer understanding central to the case. The ruling also leaves Indian exporters reliant on product quality, private branding and contract enforcement rather than exclusive use of the word basmati. APEDA’s next practical signals will be any appeal or revised certification strategy, alongside the pending European Union application.
Source: newindianexpress.com
This story was synthesised by AI from the source linked above.
