Australia’s Federal Court has dismissed an appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) in a Basmati trademark case, a statement issued by Pakistan’s Ministry of Commerce has said.
The ministry stated on Wednesday that the decision supports Pakistan’s position on Basmati as a geographical indication and recognises the country’s claim over the rice variety.
APEDA had sought to register the word “Basmati” as a certification trademark for rice in Australia. However, the application was rejected by a delegate of the Australian Registrar of Trademarks in December 2022, who ruled that the term could not be used to distinguish rice certified by APEDA from Basmati rice produced and sold by other traders.
Following the rejection, APEDA challenged the decision in the Federal Court of Australia.
According to the Ministry of Commerce, the registrar had already acknowledged that Basmati is cultivated in both Pakistan and India and that Pakistani traders have a legitimate right to use the term. The ministry added that the Federal Court’s decision has upheld those findings.
The ministry maintained that it has consistently opposed attempts to secure exclusive rights over the Basmati name in international markets and has worked with relevant institutions and stakeholders to protect Pakistan’s interests.
It further stated that the ruling safeguards the commercial and intellectual property rights of Pakistani Basmati growers, millers and exporters, while preserving their ability to market Pakistani Basmati in Australia.
Federal Minister for Commerce Jam Kamal Khan praised the Ministry of Commerce, officials and stakeholders for their efforts in the case.
He termed the outcome “an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.”
