See the reply to question 21 above.
[Answer 21: Criteria for assessment of an application for determination of a geographical indication for wine are a combination of geographical and other factors. These criteria are contained in regulation 25 of the AWBC Regulation (detailed in response to question 10 above).]
[Answer 10: The criteria used in determining a geographical indication for wine, as per Regulation 25 of the AWBC Regulations are: (a) Whether the area falls within the definition of a sub-region, a region, a zone or any other area; (b) The history of the founding and development of the area, ascertained from local government records, newspaper archives, books, maps and other relevant material; (c) The existence in relation to the area of natural features, including rivers, contour lines and other topographical features; (d) The existence in relation to the area of constructed features, including roads, railways, towns and buildings; (e) The boundary of the area suggested in the application to the Committee under section 40R; (f) Ordinance survey map grid references in relation to the area; (g) Local government boundary maps in relation to the area; (h) The existence in relation to the area of a word or expression to indicate that area, including: - Any history relating to the word or expression; and - Whether, and to what extent, the word or expression is known to wine retailers beyond the boundaries of the area; and - Whether, and to what extent, the word or expression has been traditionally used in the area or elsewhere; and - The appropriateness of the word or expression; (i) The degree of discreteness and homogeneity of the proposed geographical indication in respect of the following attributes: - The geographical formation of the area; - The degree to which the climate of the area is uniform, having regard to the temperature, atmospheric pressure, humidity, rainfall, number of hours of sunshine and any other weather conditions experienced in the area throughout the year; - Whether the date on which harvesting a particular variety of wine grapes is expected to begin in the area is the same as the date on which harvesting grapes of the same variety is expected to begin in neighbouring areas; - Whether part or all of the area is within a natural drainage basin; - The availability of water from an irrigation scheme; - The elevation of the area; - Any plans for the development of the area proposed by Commonwealth, State or municipal authorities; - Any relevant traditional divisions within the area; - The history of grape and wine production in the area. [NB: In determining a geographical indication under subsection 40Q(1) of the Act, the Committee is not prohibited under the Act from having regard to any other relevant matters.] The definition of "region", "subregion", "wine grape vineyard" and "zone" are contained in Regulation 24 of the AWBC Regulations. Wine is the only product for which there are formalized legislative criteria for determining whether recognition should be given to a geographical indication. For other products, this determination would depend on the terms of the legislative provision on which an aggrieved party relied to oppose an allegedly false use of a particular geographic term. In most cases there will be no need for a specific determination that a particular term is a geographical indication. The level of protection required under the TRIPS Agreement will be provided by proving the elements provided for by the legislative provisions. For example, under the Trade Practices Act, a party would obtain protection for a particular geographic term by demonstrating that use of that term by another party is misleading or deceptive, in that it suggests that the product originates from a place or region that it does not. There would not necessarily be a decision to recognize that term as a geographical indication per se.]