Australian producers lose first battle in bid to block Italian efforts to register Prosecco as a GI, but say war is far from over
Australia’s efforts to oppose Italy’s bid to register Prosecco as a geographical Indication (GI) have been dealt a blow, but say the battle is far from over.
Australian Grape and Wine (AGW) opposed the Consorzio di Tutela della Denominazione di Origine Controllata’s bid to register Prosecco as a GI with the Intellectual Property Office (IPOS) of Singapore for wines originating from certain areas of the country.
The AGW opposed the application on two grounds – firstly that Prosecco is the name of a grape variety and is likely to mislead consumers as to the true origin of the product, and secondly, Prosecco does not meet the definition of a GI in the Act.
AGW chief executive Tony Battaglene said that while the decision was disappointing, there were a number of factors to be determined as part of the outcome which was yet to be finalised
“As is afforded to us under the legislation, we have formally sought the full grounds of the decision from IPOS,” he said. “Once this is provided, we will also have the right to appeal the decision if we determine it is warranted. Furthermore, the registrar’s determination found ‘that ‘Prosecco’ is the name of a grape variety’, a fact that we continue to prove time and again across the world in an effort to protect our producers’ rights to continue to legitimately label grape varieties.
“Where these conflicts exist, and there are many, GI rights or indeed any rights, should not trump the legitimate rights to use the name of a grape variety on a label. This is the key point here.”
The decision made no rulings as to whether Australian producers can continue to use the name Prosecco on their wine labels, which Battaglene said simply adds to the existing confusion and ambiguity, and meant that it “made no difference to the legitimate use of the Prosecco grape variety on Australian wine labels in Singapore or anywhere elese”.
“It is yet another example of the EU continuing to exert its influence over countries in an attempt to distort trade in its favour. We are fighting this uphill battle against the deep pockets of the EU and its well subsidised regions to uphold the rights of smaller players like Australian wine producers and ensure they are afforded a level trading environment on which to compete where their rights are as important as the bigger trading nations.
“We respect and understand the value of geographic indications, as we have for many years with our own GIs, without conflict. We cannot, however, stand by while the legitimacy of GIs is used as a tool for restricting trade, removing our rights to use common grape varieties and we will continue to oppose such efforts globally.”