2023 years 7 month 9 day, New Zealand signed with the European Union "NZ—Eu Free trade Agreement" (Hereinafter referred to as " "agreement" " ) . "agreement" The announcement revealed a sensitivity on both sides "Geographical indication" Agreement reached. That puts pressure on Australian negotiators, How do they get stuck in the end "Australia—Eu Free trade Agreement" And update "Australia—Eu wine agreement" Complicating situation, It involves provisions to ensure that Australian companies can still use some European geographical indications, Of course, That is, if they exist at all.

The main geographical indication of concern in Australia and the European Union is the geographical indication for wine "Proseck (prosecco) " And cheese geographical indication "Fida (feta) " , The EU wants to reserve the two geographical indications for producers in Italy and Greece respectively. Whether Australia will recognise these geographical indications and restrict their use by its own producers? Will some continuous use of free space or phase-out arrangements be considered, For example, a grace period for previous users? If Australia has to agree to the EU's demands, Then whether the country can get better access to the EU market for other products?

Intellectual property law experts on the above issues and when "The two economies went to war at the trade table" When the actual situation will be read.

Geographical indications are not GPS

"Geographical indication" Is a word or term, Can only be used if the product comes from a specific geographical location. Geographical indications are used to protect the reputation of products and to ensure the authenticity of products.

Geographical indication is usually a term that has come into general use, But it was originally or traditionally a geographical name or a word associated with a particular region, A typical example is "Champagne" . In this case, Trademarks don't work. Trademarks are associated with specific companies, Can be composed of any logo, Geographical indications, on the other hand, protect a class of producers in a particular place. however, "agreement" The method of trademark law is used for reference, Producers who have previously used the relevant geographical indication are allowed to continue using it——For a limited time only.

"Feta cheese" The protection of

"agreement" Will protect the use of Italian producers "Proseck" One word. This means "Prosecco" The term can only be used (Such as, On the label) Prosecco or Greira from a specific region of Italy (Glera) Varietal grapes for wine. New Zealand must use legal means to oppose and prevent any other use of the geographical indication in that country, Or any misleading use which implies that the product is from Italy when it is not.

It is worth noting, the "agreement" The terms include a grace period for prior users, therefore, "in "agreement" Before the effective date shall be used continuously 'Proseck' Put into commercial use" New Zealanders will be allowed to stay in 5 The term continued to be used throughout the year. Their use of the term will also require clear identification of geographical origin. At the end of the phase-out period, The geographical indication will only be reserved for wines from Italian growing regions.

In dairy, "agreement" There will also be protection for specific EU-specific producers "Parmesan cheese (parmesan) " and "Gruyere cheese (gruyere) " terminology. In this regard, New Zealanders will have a broader right to continue, That is, as long as the producer concerned "in "agreement" At least before the effective date 5 good-naturedly" Use these terms, Would be allowed to continue using these terms indefinitely. This licensing of early adopters will bring some comfort to existing New Zealand producers. however, "Retrospective principle (grandfathering) " The effect will make it difficult for new producers entering the market to describe the products they offer. same, When using these terms, A clear indication of geographical origin is required, With regard to "Clear geographical indication of origin" The definition is not immediately clear. The implementation of other world treaties usually concerns the appearance, size, The contents and methods of drawing attention to the actual geographical origin are described in the provisions.

"agreement" It will also be adopted by providing for Greek producers to oppose and prevent the use of Greece "Feta cheese" Legal means to protect the term. same, Also provided "Prior use" Permission of, Right when "agreement" Before effective "Use the term continuously" New Zealand producers can continue to use the term 9 years. If they do use the term, Must also ensure "Do not mislead consumers about the origin of goods" . After this deadline, New Zealand producers must stop using it altogether. In essence, New Zealanders have 9 Years of time to get used to asking for their dinner guests pass "Crumbly salty cheese from sheep or sheep and goats or cows from Taranaki rather than Thessaloniki" . Those who are familiar with the humor of the region may find this saying to be in fact "Catchy" .

How Australia will respond

How will Australia respond "Australia—Eu Free trade Agreement" and "Australia—Eu wine agreement" Similar demands from EU counterparts in the negotiations, It will be something to watch. Since the 2018 years 6 Month since, Negotiations have been going on. After attempts to reach an agreement during meetings with European leaders failed, Australian Minister for Trade and Tourism Don．Farrell (Don Farrell) Forcefully stated that he would withdraw from the negotiations. right "Prosecco" (and "Fida" ) Protection is the main stumbling block in the negotiations. Such as, Responsible Australian industry organisation "Australian grapes and wine" Publicly announced on its website that it would "Proseck" As a geographical indication is one "lie" .

If Australia gives up "Proseck" or "Fida" , Whether Australia will require more extensive conditions of prior use and continuing use than New Zealand? There is no significant Prosecco industry in New Zealand, The Prosecco industry in Australia is worth millions of dollars. Updated in Australia "Australia—Eu wine agreement" During the consultation process, exceed 80%The opinion is against protection "Proseck" . The debate will be watched by the major players in the Australian wine industry, Which mainly include Dal Zotto Wines, Accolade Wines, Brown Brothers and Pizzini Wines Wine company. They have not only invested a lot of money in grape cultivation, There has also been significant investment in marketing and branding. If Australia agrees yes "Proseck" Protection of geographical indications, But they're only allowed to use it again 5 years, Then Australia will hope to get something very valuable in return.

New Zealand in cheese "bargain" Seems more difficult, Considering the benefits dairy products bring to New Zealand, It's not surprising. however, Australia has a large number of local and export-oriented cheese manufacturers that use sensitive terminology, Like New Zealand "Prior user" Restrictions do not benefit newcomers. This would also require significant improvements in agricultural market access through tariff concessions and the easing of other EU agricultural restrictions.

If Australia refuses to protect these sensitive terms, Then it may have to accept poorer results in another area, For example, there were modest gains in agricultural market access. That could jeopardize the entire deal. But surely the EU has now realised how seriously Australians take these geographical indications, If Australia agrees to waive the levy value 8. 8 A $100 million luxury car tax, The EU may then lower its requirements for the protection of geographical indications. If that happens, Then Australians may be driving cheaper luxury cars for a long time to come, Sip homegrown prosecco, Enjoy homemade cheese.

Make trade-offs to gain wider access to European markets

self-evident, In view of the long discussions so far, These are tough negotiations. Brexit, "Australia—British Free Trade Agreement" And above "agreement" The outcome has made it difficult for Australia to reach an agreement with the EU.

Geographical indications are not just intellectual property. It's in the culture, Both political and economic dimensions are considered property of the state. For generations, Indigenous recipes and terminology have been transplanted or copied all the time, Both Europeans in other parts of the world, Or local producers who appreciate and commercialize these recipes and terms in their own countries. For generations, They didn't do anything wrong legally. however, "Australia—Eu Free trade Agreement" The conclusion of these commercial freedoms will have an impact. The question is to what extent.

One thing Australia can be sure of, Given the strength of the Australian industry, European negotiators will demand controls no less than those agreed with New Zealand, Tighter controls may even be required.

In view of this, Australia is likely to seek to strike the right balance on the commercial value of critical needs, These include agricultural tariff concessions and liberalization of EU market restrictions, And gain broader economic benefits. Labels included in Australian wine and dairy producers, Quantifying the business losses this will cause in terms of regulation and, ultimately, product awareness, Could be part of a strategy to achieve that balance.

therewith, manage "agreement" The political impact on wine and dairy producers will be the next challenge for the Australian government. (Be compiled from www. lexology. com)

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