The Geographical Indications Committee (GIC), which is responsible for considering application for the determination of Australian and foreign geographical indications (GIs), has made a final determination of the Italian GI, Avola.
A notice of the final determination can be viewed here.
Once entered onto the Register of Geographical Indications and Other terms, this term will be afforded protection under the Wine Australia Act 2013.
Please note that Regulation 97 of the Wine Australia Regulations 2018 provides that any person whose interests are affected by a final determination may make an application to the Administrative Appeals Tribunal (the AAT) for a review of the determination. Further, an interested person may make an application for a statement in writing from the AAT setting out:
- the findings on material questions of fact referring to the evidence on which those findings of fact were based; and
- giving reasons for the determination.
For the avoidance of doubt where a decision has been made by the Registrar of Trademarks before a final determination (as was the case in relation to the GI ‘Avola’) no application can be made to the AAT in relation to that decision (and only an appeal to the Federal Court is allowed).
Applications to the Administrative Appeals Tribunal for a review of the GIC’s final determination must be made by 5.00pm 4 January 2019.
In accordance with the Wine Australia Act 2013 and the Wine Australia Regulations 2018, determination of Avola as a GI in Australia will not prevent the use of the term Nero d’Avola.
For further information contact Rachel Triggs, Registrar of Geographical Indications and Other Terms firstname.lastname@example.org.