Geography Reference
In-Depth Information
Marsala, Moselle, Port, Sauterne, Sherry, White Burgundy and Port. Because of
the impact on the fortified wine industry in Australia, the Australian govern-
ment pledged to contribute $500,000 to the industry to assist with the costs
associated with the phase-out of some terms.
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Article 12 of the 2009 Agreement in relation to the wines of Members of the
EU provides for: (i) the protection of GIs for wines listed in Annex II, Part A;
(ii) references to the Member State in which the wine originates or other names
used to indicate the Member State; and (iii) the traditional expressions listed in
Annex III. Annex II, Part 8 contains 78 pages of European GIs which will be
protected in Australia.
4. Litigation in Australia by EU wine producers
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The Australia and EU Wine Agreements of 1994 and 2009 have arguably
familiarised the Australian wine consumer with EU GIs and this has strength-
ened their protection in Australian courts. A particular problem for European
wine producers was the fact that the test of whether conduct was considered
misleading or deceptive under the Australian consumer protection legislation
depended upon the knowledge of the prospective consumer. For example, in a
1981 case which concerned the importation and sale of 'Spanish Champagne',
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the Federal Court, in declining to find a breach of the law, was influenced by the
evidence of consumers 'that they regarded “champagne” as a bubbly drink
particularly appropriate for festive occasions'. A similar case concerned a 1983
fight between an importer and a distributer of Lambrusco wine in Australia.
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The judge in that case referred to the earlier Champagne case 'as an illustration
of the reluctance of the courts to find misleading or deceptive conduct in respect
of the use of a name descriptive of a particular type of wine'. In recent years,
with the strength of the Australian dollar, the growth of trading on the Internet
and the growth of Australian tourist travel overseas, the relevant consumers are
probably becoming more knowledgeable about overseas GIs.
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Implementing its obligations to provide additional protection for wines and
spirits as required by Art 23 of TRIPS, the Wine Australia Corporation Act
2011 ('the Act') was enacted. The intentional selling, exporting and importing
of wines with a 'false' or 'misleading' description and presentation are prohibited
under ss 40C, 40D, 40E and 40F of the Act. Section 40DA of the Act excludes
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Re Comite Interprofessionel Du Vin De Champagne and Charles Barker Australia Pty LimitedvNLBurtonPty
Limited T/As Freixenet Spanish Champagne Distributors and Garland Farwagi & Partners Pty Limited
[1981]
FCA 196; (1981) 57 FLR 434.
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Re Gavioli Luigi & Figli SNC and European Foods Wholesalers Pty Ltd v GJ Coles & Co Pty Ltd and Orifici
Holdings Pty Ltd
[1983] FCA 353; (1983) 74 FLR 250.
