Abstract:
This paper explores the approaches taken by Australia to regulate the
use of geographical indication for products other than wines and
spirits in line with the general geographical indication protection
provided in art 22 of the Agreement on the Trade-Related Aspects of
Intellectual Property Rights 1995 (TRIPS Agreement). In terms of the
TRIPS Agreement, a geographical indication is an Intellectual
Property Right that regulates the mark of a product whose quality and
character can be essentially attributed to its place of origin.
In Australia only the use of geographical indication for wines and
spirits is explicitly regulated (via the Australian Wine and Brandy
Corporation Act 1980). This paper demonstrates that Australia does
in fact also regulate the use of geographical indication for products
other than wines and spirits. The legal framework in the United States
of America, which parallels that in Australia in some respects, is also
referred to in the course of this review.
