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Avola entered onto Register of Protected Geographical Indications and Other Terms

Exporter News | January 2019
Image: Wine Australia
25 Jan 2019
tagged with GI , Exporter news , Avola
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The Italian Geographical Indication ‘Avola’ has been entered onto the Register of Protected Geographical Indications and Other Terms (Register).

This follows the decision by IP Australia to dismiss the objection to the determination of the term made by the Winemakers’ Federation of Australia (WFA)

Entry of Avola onto the Register means that sale, export or import of an Australian wine with a description and presentation[1] including the standalone term ‘Avola’ would amount to false or misleading description and presentation for the purposes of sections 40C and 40E of the Wine Australia Act 2013 (the Act), respectively, hence constituting an offence.

Wine Australia does not consider that use of the grape variety ‘Nero d’Avola’ constitutes a GI claim. Rather (and consistent with the reasoning given by the delegate of the Registrar of Trade Marks in dismissing WFA’s objection), Wine Australia’s position is that ‘Nero d’Avola’ is a common internationally recognised grape variety produced in Australia and internationally.

Accordingly, Wine Australia’s position is that the sale, export or import of a wine with description and presentation incorporating the grape varietal term ‘Nero d’Avola’ would not amount to false or misleading description and presentation for the purposes of sections 40C of the Act, hence would not constitute an offence.

Notwithstanding, section 30 of the Wine Australia Regulations 2018 has the effect of ensuring use of grape varietal terms that are also GIs is not restricted.


[1] As defined in section 5C of the Wine Australia Act 2013.


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This content is restricted to wine exporters and levy-payers. Some reports are available for purchase to non-levy payers/exporters.