Australia’s Federal Court has dismissed India’s appeal seeking exclusive trademark rights over the term “Basmati” for rice, in a major legal victory for Pakistan’s longstanding claim to the geographical indication.
Pakistan’s Commerce Ministry welcomed the ruling, saying it upheld Pakistan’s longstanding position that Basmati is a geographical indication shared by producers in both Pakistan and India.
APEDA’s application to register “Basmati” as a certification trademark in Australia was rejected in December 2022. The court has now upheld that decision and ordered APEDA to pay the respondent’s costs.
The ruling recognized that Basmati rice is also produced in Pakistan, affirming that Indian authorities cannot claim exclusive rights over the term in Australia.
It should be noted that India has sought exclusive international trademark and geographical indication (GI) rights for Basmati rice in regions like the European Union and Australia.
This move is contested by Pakistan, co-grower and major exporter of Basmati, which argues that the name represents a shared regional heritage and has successfully opposed India’s exclusive trademark bids abroad.
