australian court denies
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Australian court denies India exclusive claim over…

ByJustpaste.in

The Federal Court of Australia has thrown out an appeal by India’s Agricultural and Processed Food Products Export Development Authority seeking to register Basmati as a certification trademark for rice in the country, a ruling Pakistan’s Ministry of Commerce welcomed in a statement issued Wednesday.

The Indian authority, known as APEDA, had originally applied to register Basmati as a certification trademark for rice sold in Australia. A delegate of the Australian Registrar of Trade Marks rejected that application on December 22, 2022, finding that the word Basmati could not distinguish rice certified by APEDA from Basmati rice legitimately grown and sold by other producers. APEDA then appealed the decision to the Federal Court of Australia, which has now upheld the original rejection.

Pakistan’s commerce ministry said the ruling confirms its longstanding position that Basmati functions as a geographical indication tied to a historically recognized growing region spanning parts of both Pakistan and India, rather than a term any single country can claim exclusively. The ministry noted that the original registrar’s decision had already acknowledged that Basmati rice is grown in Pakistan as well, and that Pakistani traders hold an equally legitimate claim to use the name. By dismissing APEDA’s appeal, the ministry said, the Federal Court affirmed those earlier findings.

The ministry added that the Australian court also ordered APEDA to cover the respondent’s legal costs, either through agreement or a formal assessment.

Islamabad described the ruling as a significant setback to Indian efforts to secure exclusive international rights over the Basmati name. The ministry said no single national authority can claim sole ownership of the term while excluding producers and exporters who have an equally valid right to use it, adding that Pakistan has consistently pushed back against Indian attempts to monopolize the Basmati name and has worked with relevant institutions and industry stakeholders to protect the interests of the country’s growers, millers and exporters.

According to the ministry, the outcome safeguards the commercial and intellectual property interests of Pakistan’s Basmati sector and preserves the right of Pakistani producers to market authentic Basmati rice in the Australian market. Officials said they intend to keep protecting Basmati as a core part of Pakistan’s agricultural heritage and export identity, pursuing similar protections in other foreign jurisdictions on the basis of the rice variety’s historical origin, established reputation and distinctive qualities.

Commerce Minister Jam Kamal Khan praised ministry officials and other stakeholders involved in the case, calling the ruling an important win for Pakistan’s agricultural heritage, commercial interests and export identity.

India and Pakistan have long disputed the origins of Basmati rice, which both countries grow extensively. The rice traces its roots to the Punjab region, which was split into East Punjab, now part of India, and West Punjab, now part of Pakistan, following partition in 1947. In 2006, the European Union formally recognized Basmati as a joint product of both countries under its special geographical indication rules.

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