Australian Court Rejects Indian Appeal in Basmati Trademark Case.

The Ministry of Commerce has welcomed a decision by the Federal Court of Australia dismissing an appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) regarding the exclusive registration of the “Basmati” word mark.

The Australian court also ordered APEDA to pay the respondent’s legal costs, as agreed or taxed. The verdict vindicates Pakistan’s principled position that Basmati is a shared Geographical Indication (GI) originating from a historically recognized growing region across both Pakistan and India.

Background of the Dispute

The legal battle stems from APEDA’s attempt to secure sole rights over the Basmati name in Australia:

• Initial Rejection (Dec 2022): A delegate of the Australian Registrar of Trade Marks initially rejected APEDA’s application to register “Basmati” as a certification trademark, ruling that the term could not distinguish Indian rice from legitimate Basmati rice produced by Pakistani growers.
• Appeal Dismissal: APEDA challenged the Registrar’s ruling in the Federal Court of Australia, which has now dismissed the appeal and upheld the original decision.

Protecting Pakistan’s Agricultural Interests

The Ministry of Commerce highlighted that no single national entity can claim exclusive ownership over the term to exclude producers with equal historical claims.

• Sovereign Rights: The ruling preserves the right of Pakistani growers, millers, and exporters to continue marketing authentic Pakistani Basmati in the Australian market.
• Global Precedent: The Ministry has pledged to continue defending Pakistan’s agricultural heritage, trade identity, and GI status across foreign jurisdictions on the basis of established reputation and geographical origin.

Federal Minister for Commerce Jam Kamal Khan commended the Ministry team, legal representatives, and industry stakeholders for their coordinated efforts in protecting Pakistan’s economic interests