Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Australian Wine and Brandy Corporation Amendment Act 2010, No 98, 2010
The Act amended Australian legislation to bring the Agreement between Australia and the European Community on Trade in Wine (the agreement) into force for Australia. It amended the Australian Wine and Brandy Corporation Act 1980 (AWBC Act) and Trade Marks Act 1995 (Trade Marks Act). The amendments provide rules for the protection of foreign country geographical indications (GIs), translations of foreign country GIs, traditional expressions, Australian quality wine terms and other additional terms. The amendments provide a determination process for foreign country GIs and translations of GIs. The amendments also provide exceptions from the false and misleading provisions relating to the sale, export or import of wine, as they relate to GIs, for common English words. The amendments to the Trade Marks Act ensure that its interpretation is consistent with that of the AWBC Act. Common definitions relevant to the agreement are amended and provision is be made for the Registrar of Trade Marks to be able to amend the representation of a trade mark or an application to register a trade mark. The amendments will also make it clear that trade marks that include a common English word that coincides with a geographical indication can be registered.
Received Royal Assent 6 July 2010, all provisions commenced as at 1 September 2010.