Geography Reference
In-Depth Information
from penalty the use of GIs, translations or traditional expressions registered for
more than one place, where the wine originated in the described country, region
or locality; the inclusion of common English words or terms 'not used in such a
way as to indicate that the wine originated in the country, region or locality in
relation to which the geographical indication, translation or traditional expres-
sion is registered'; and the inclusion of a name of an individual or address of a
winery. Section 40DB of the Act excludes from falsity the inclusion of a 'quality
wine term' registered in Part 3 of the Trade Marks Register. This will be
discussed below. Also excluded by the same section are traditional expressions
which are included in trade marks registered in good faith under the Australian
Trade Marks Act 1995.
4.409
The effect of the Act was tested by the Federal Court of Australia in
Comité
Interprofessionnel des Vins Côtes de Provence & Anor v Stuart Alexander Bryce &
Anor
.
89
The applicants, which were public bodies established under French law
and representatives of wine producers in Provence, complained of the sale by
the respondents of wine under the name 'La Provence' from their Tasmanian
vineyard. The respondents' vineyard had been established in 1956 by Jean
Miguet, the son of a fifth-generation winemaker from Provence who came to
Tasmania to work on a hydroelectric scheme. Counsel for the respondents
argued that 'Provence' was not a registered GI within the meaning of the Act.
This was categorically rejected by the Court, which noted that the statutory
definition of 'geographical indication' in s 4(1) included 'a hierarchy - country,
region, locality - which is repeated in s 40D(2)(b) as well as frequently
elsewhere in the Act'. In contrast with the earlier Champagne and Lambrusco
cases the Court observed that:
Provence is well known in Australia as a wine producing region. The leading trade
publication 'Thompsons Liquor Guide' has for many years listed Provence wines under
a separate heading 'Provence'. Similarly 'Parkers Wine Buyers Guide', published in a
large number of countries around the world including Australia, refers to Provence
wines under the heading 'Provence' in a separate section of the topic.
The Court therefore found that 'wine sold in bottles bearing the respondents'
labels would be sold with a false description and presentation within the
meaning of s 40C(1) by reason of the inclusion on the labels of the word
'Provence', which is a 'registered geographical indication' as it was common
ground that the respondents' wine did not originate in Provence.
4.410
89
[1996] FCA 742.
