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Under the Australia-European Union Free Trade Agreement (A-EU FTA), Australia will protect 231 EU spirit geographical indications (GIs). Many of these EU GI terms are not used by Australian producers in Australia. This means protecting these EU GIs will have minimal impact on Australian industry.
Overview
Australian use of certain GI terms will remain unchanged, while the use of other terms will be phased out. In some cases, producers with an established history of making and labelling products with these terms will be grandfathered, enabling them to continue their use.
Australia will protect the Italian GI Grappa. Existing Australian producers of grappa face no change. Those who have a continuous history of making and labelling grappa can continue to use the term to describe their spirit.
Australia will protect the Greek GI Ouzo. Existing users will stop using the term 7 years after entry into force of the agreement.
Australia will protect the Greek GI Tsipouro. Existing users will stop using the term 7 years after entry into force of the agreement.
Australia will protect the GI Genièvre de grains / Graanjenever / Graangenever. Existing Australian producers of grain jenever face no change. Those who have a continuous history of making and labelling grain jenever can continue to use the term to describe their spirit.
Common spirit names
For greater certainty, the EU has confirmed examples of where it is not seeking protection of certain terms, including:
- brandy
- vodka
- gin
- whisky
Conditions of GI protection
Protection extends to use of the GI in translation or transliteration, where the translation or transliteration conveys the meaning of the GI. It also extends to use of the GI even where the true origin of the good is indicated or accompanied by expressions such as "kind", "type", "style" "imitation" or the like.
Australian spirit producers may benefit from a new Australian GI system
Australia will develop a new GI system which, in addition to protecting the list of EU GIs, will provide the opportunity for the protection of Australian GIs, including for Australian spirit producers who may wish to seek a GI. The system will offer a high standard of protection and enforcement.
An Australian GI may add value to products sold in Australia and exported to other markets.
Once protected in Australia, there will be opportunities for Australian GIs to be protected in the EU.