30 November 2015 Intellectual Property Arrangements Productivity Commission GPO Box 1428 Canberra City ACT 2601 intellectual.property@pc.gov.au BY EMAIL Dear Sir/Madam Initial submission in relation to the inquiry into Australia’s intellectual property arrangements The Australian Grape and Wine Authority (AGWA) welcomes the opportunity to make this initial submission to the Productivity Commission in relation to its inquiry into Australia’s intellectual property arrangements. In particular, we note that, in its Issues Paper, the Commission welcomes submissions on: how effective and efficient Geographical Indications (GIs) are in terms of protecting IP, including on a firm’s branding and reputation; and how GIs may help or hinder competition and consumer outcomes. Geographical Indications Framework – overview AGWA is established under section 6 of the Australian Grape and Wine Authority Act 2013 (AGWA Act). Part VIB of the AGWA Act is devoted to the protection of geographical indications and other terms. The AGWA Act establishes a Geographical Indications Committee (GIC) who receive and assess applications for the determination of new GIs, having regard to the criteria for determining GIs and the requisite features of GI ‘regions’ and ‘subregions’ set out in the Australian Grape and Wine Authority Regulations 1981 (Cth) (AGWA Regulations). The process mandates a period during which the public can object to a proposed determination which occurs via the Registrar of Trade marks. It is an offence under the AGWA Act to import, sell or export a wine with an incorrect GI. A maximum penalty of 2 years imprisonment applies. In determining Geographical Indications, the GIC must have regard to the criteria set out in Part 5 of the AGWA Regulations. The system satisfies Australia’s obligations under the EU-Australia Wine Trade Agreement (Wine Agreement). These obligations include: the protection of protected terms (geographical indications, traditional expressions and quality terms)—through preventing:
30 November 2015 Intellectual Property Arrangements Productivity Commission GPO Box 1428 Canberra City ACT 2601 intellectual.property@pc.gov.au BY EMAIL Dear Sir/Madam Initial submission in relation to the inquiry into Australia’s intellectual property arrangements The Australian Grape and Wine Authority (AGWA) welcomes the opportunity to make this initial submission to the Productivity Commission in relation to its inquiry into Australia’s intellectual property arrangements. In particular, we note that, in its Issues Paper, the Commission welcomes submissions on: how effective and efficient Geographical Indications (GIs) are in terms of protecting IP, including on a firm’s branding and reputation; and how GIs may help or hinder competition and consumer outcomes. Geographical Indications Framework – overview AGWA is established under section 6 of the Australian Grape and Wine Authority Act 2013 (AGWA Act). Part VIB of the AGWA Act is devoted to the protection of geographical indications and other terms. The AGWA Act establishes a Geographical Indications Committee (GIC) who receive and assess applications for the determination of new GIs, having regard to the criteria for determining GIs and the requisite features of GI ‘regions’ and ‘subregions’ set out in the Australian Grape and Wine Authority Regulations 1981 (Cth) (AGWA Regulations). The process mandates a period during which the public can object to a proposed determination which occurs via the Registrar of Trade marks. It is an offence under the AGWA Act to import, sell or export a wine with an incorrect GI. A maximum penalty of 2 years imprisonment applies. In determining Geographical Indications, the GIC must have regard to the criteria set out in Part 5 of the AGWA Regulations. The system satisfies Australia’s obligations under the EU-Australia Wine Trade Agreement (Wine Agreement). These obligations include: the protection of protected terms (geographical indications, traditional expressions and quality terms)—through preventing:
sub072-intellectual-property.docx