Australian federal court rejects India’s bid for exclusive Basmati trademark

The Federal Court of Australia has dismissed an appeal by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) to register “Basmati” as a certification trademark for rice in the country, a development welcomed by the Ministry of Commerce in an official statement issued on Wednesday.

APEDA had applied to register “Basmati” as a certification trade mark for rice in Australia. The application was rejected by a Delegate of the Australian Registrar of Trade Marks on December 22, 2022, because the word "Basmati" could not distinguish rice certified by APEDA from Basmati rice legitimately produced and marketed by other traders. APEDA subsequently challenged the decision before the Federal Court of Australia.

The commerce ministry said the ruling vindicated Pakistan’s position that Basmati was a geographical indication associated with a historically recognised growing region spanning parts of Pakistan and India.

The statement also noted that the registrar’s decision had recognised that Basmati rice was also grown in Pakistan and that Pakistani traders had an equally valid claim to use the term.

By dismissing the appeal, the Federal Court upheld those findings, the ministry said.

Read: Pakistani rice loses edge to India

According to the ministry, the Australian court also ordered APEDA to “pay the respondent’s costs, as agreed or taxed”.

Islamabad saw the development as an important setback to efforts by India to secure exclusive rights over the Basmati name in international markets.

The ministry said “no single national authority could claim exclusive rights over the term” to the exclusion of producers and exporters with an equally legitimate right to use it.

Pakistan has consistently opposed Indian attempts to claim exclusive rights over the Basmati name and has coordinated with relevant national institutions and stakeholders to protect the interests of its growers, millers and exporters, it said.

“The outcome protects the commercial and intellectual-property interests of Pakistan’s Basmati growers, millers and exporters and preserves their right to market authentic Pakistani Basmati in Australia.”

The ruling, according to the ministry, would help preserve the right of Pakistani producers to market authentic Basmati rice in Australia.

Read more: Rice exports hit by Indian price edge

The ministry also said that it would continue to “safeguard Basmati as an important part of Pakistan’s agricultural heritage and export identity and pursue its protection in foreign jurisdictions based on its historical origin, established reputation and distinctive qualities”.

Commerce Minister Jam Kamal Khan appreciated ministry officials and other stakeholders for their efforts in safeguarding legitimate rights and interests in the Basmati case.

He described the outcome as an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.

New Delhi and Islamabad have long been claiming to be the origins of Basmati rice, which is largely produced in both countries. The Punjab province, which was divided into East Punjab (India) and West Punjab (Pakistan) in 1947, is the origin of Basmati rice.

In 2006, the EU, under its special rules, recognised Basmati as a joint product of the two countries.