Australia

Australian Grape and Wine Authority Act 2013 (consolidated as of March 25, 2015)

Year of Version:2015
Date of Entry into Force:July 1, 1981
Date of Text (Enacted):December 10, 1980
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Enforcement of IP and Related Laws, Geographical Indications, IP Regulatory Body, Trademarks
Notes:
The Australian Grape and Wine Authority Act 2013 as consolidated on March 25, 2015 includes amendments up to Act No.5 of 2015. The introduction of the Act is intended to fulfill Australia’s international obligations regarding the protection of geographical indications in relation to wine under the TRIPS Agreement and the Agreement on Trade in Wine between Australia and the European Community.

Part VIA of the Act is aimed at ensuring the truthfulness of wine labels regarding the vintage, variety or geographical origin of wine manufactured in Australia. This is to be achieved through the requirements of record keeping (Div. 2) and inspection (Div. 3).

Pursuant to Part VIB of the Act, a criminal penalty is imposed for the sale, export or import of wine bearing a false or misleading description and presentation (Div. 2, Subdivisions A & B). This includes the use of a country name or other country indicator, geographical indication or traditional expression. Clarification is provided under the Act for circumstances where the use of a term conflicts with a trade mark or common English word. The Geographical Indications Committee is introduced as the authority for the determination of a new geographical indication in relation to a region or locality in Australia (Div 3), and a register is established for geographical terms relating to wine (Div 5).

The Act is formally known as Wine Australia Corporation Act 1980 and Australian Wine and Brandy Corporation Act 1980.
Available Texts: 
English

Australian Grape and Wine Authority Act 2013 (consolidated as of March 25, 2015) Australian Grape and Wine Authority Act 2013 (consolidated as of March 25, 2015), Complete document (pdf) [1450 KB] Australian Grape and Wine Authority Act 2013 (consolidated as of March 25, 2015), Complete document (htm) [1142 KB] (Version with Automatic Translation Tool)

Related Legislation:
WIPO Lex No.:AU390

Shortcuts

Australia