Australia
i. General description
Geographical indications are protected in Australia through trademarks. A sui generis regime is available only for wines and spirits. GIs can also be protected via common law tort of “passing off”, trade practices law and labelling regime.
ii. Legal framework
Australian Wine and Brandy Corporation Act 1980 (AWBC) which was substantially amended in 1993
Trademarks Act of 1995, amended by Trademark Regulations of 24 January 1996
iii. Practical information
The administration responsible for registration of trademarks is the Registrar of Trade Marks, IP Australia
New Zealand
i. General description
Geographical Indications can be protected in New Zealand under Trademark regime[1].
ii. Legal framework
Trade Mark Act 2002 last amended in 2005
Geographical Indications (Wine and Spirits) Registration Act 2006 No. 60 (as at 14 April 2008)
Geographical Indications Act 1994
iii. Practical Information
The administration responsible for registration is the Intellectual Property Office of New Zealand (IPONZ)
[1] The sui generis system of protection for GIs has been brought into force only for wines and spirits.
