Negotiations commenced on the Australia-European Union Free Trade Agreement (A-EU FTA) on 18 June 2018. The negotiations took 8 years to complete, and a deal was finally reached on 24 March 2026. The agreement obligated Australia to protect 165 EU agricultural and food GIs and 231 spirit drink GIs: 396 EU GIs all up.
Up to now, GIs have been protected in Australia by certification trade marks (such as certification trade mark nos. 721900 for ‘Stilton’ for cheese from the UK, 998592 for ‘Darjeeling’ for tea from India, and 1060071 for ‘Parma’ for pig meat from Italy). So, will Australia grant 396 new certification trade marks? No. Who would pay the filing fees and draft the rules? No doubt the ACCC would be made busy reviewing them! It is not feasible. Another solution still needs to be found and implemented. IP Australia is currently working on that. It is in the process of developing a new GI system which, in addition to protecting the list of 396 EU GIs in compliance with Australia’s obligations under international treaty, will provide Australians the opportunity to protect Australian GIs. This is something that has been a huge challenge to Australian businesses and associations to date.
Meanwhile, the Republic of Peru filed one certification trade mark application on 1 May 2019. IP Australia rejected it. Peru appealed to the Federal Court. The decision issued this week. In the Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791 the State of Peru came out victorious over IP Australia, such that anyone wanting to use PISCO now, must obtain prior authorisation from the Peruvian public agency (the National Institute for the Defense of Free Competition and the Protection of Intellectual Property or ‘INDECOPI’). It is unclear what Chile thinks about this, as PISCO is not ‘puro’ from Peru.
The thing is, after 7 years of fighting, Peru secured one certification trade mark. This is undoubtedly an achievement, and much ‘Acholado’ should go to their solicitor Sara Cruz Jose Pearson. But, it remains that Peru got one GI acknowledged in just about the same time frame that the EU got 396 GI’s acknowledged, showing international trade negotiations are an easier way to getting GIs acknowledged than relying on the Australian courts. (As an aside, aren’t most things easier than relying on the Australian courts?!) Peru must be ‘mosto verde’ with envy when contemplating the number that the EU got.
Hopefully the new GI system will eliminate the need for either 8 years of free trade negotiations or 7 years and a Federal Court case, in order to get a genuine GI registered in Australia. We can save ourselves the time and energy and spend it relaxing with a pisco sour (certified of course) instead!
