Australian Court Dismisses India Basmati Trademark Appeal

The Federal Court of Australia has dismissed an appeal by India's Agricultural and Processed Food Products Export Development Authority (APEDA) seeking to register the word 'Basmati' as a certification trademark for rice.

The court upheld an earlier decision by the Australian Registrar of Trade Marks that the term could not distinguish rice certified by APEDA from Basmati rice produced and marketed by other traders. The ruling noted that Basmati rice originates from regions spanning both India and Pakistan.

Pakistan's Ministry of Commerce welcomed the outcome, stating it vindicates the position that no single national authority can claim exclusive rights over the term to the exclusion of other legitimate producers. The court also ordered APEDA to pay the respondents' costs.

The decision reinforces that 'Basmati' functions as a geographical indication applicable across multiple jurisdictions rather than a mark controlled solely by one entity.

Sources: https://www.dawn.com/news/2022492 https://ricenewstoday.com/trademark-right-of-basmati-rice-pakistan-hails-australian-courts-decision/