The Federal Court of Australia has upheld a ruling rejecting India’s bid for exclusive certification rights over the Basmati name, strengthening Pakistan’s position in the dispute.
ISLAMABAD: Pakistan 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) in a landmark dispute over the use of the Basmati name.
The Ministry of Commerce said the Australian court’s decision vindicates Pakistan’s longstanding position that Basmati is a geographical indication associated with a historically recognised growing region spanning parts of both Pakistan and India.
The court also ordered APEDA to pay the respondent’s costs, either as agreed between the parties or as determined through taxation.
India’s bid for Basmati certification rejected
The dispute began when APEDA sought registration of the word “Basmati” as a certification trade mark for rice in Australia.
However, a Delegate of the Australian Registrar of Trade Marks rejected the application on December 22, 2022, ruling that the term could not distinguish rice certified by APEDA from Basmati rice legitimately produced and marketed by other traders.
APEDA subsequently challenged that decision before the Federal Court of Australia.
According to Pakistan’s Ministry of Commerce, the Registrar’s decision expressly recognised that Basmati rice is also cultivated in Pakistan and that Pakistani traders have an equally valid claim to use the term.
The Federal Court’s dismissal of APEDA’s appeal has now upheld those findings.
Major boost for Pakistan’s Basmati exporters
The Ministry described the outcome as a significant victory for Pakistan, arguing that no single national authority can claim exclusive rights over the Basmati name to the exclusion of producers and exporters from the other recognised producing region.
The decision is particularly important for Pakistan’s Basmati growers, rice millers and exporters, as it preserves their ability to market authentic Pakistani Basmati rice in the Australian market.
The ministry said it has consistently opposed attempts by India to secure exclusive rights over the Basmati name in international markets and has worked with relevant institutions and stakeholders to protect Pakistan’s commercial and intellectual property interests.
Pakistan to continue protecting Basmati identity
The Ministry of Commerce said it would continue efforts to protect Basmati as an important component of Pakistan’s agricultural heritage and export identity in foreign jurisdictions.
It said future efforts would be based on the rice’s historical origin, established reputation and distinctive qualities.
Federal Minister for Commerce Jam Kamal Khan appreciated the Ministry of Commerce team, concerned officials and stakeholders for their coordinated efforts in the case.
He described the Australian court outcome as an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.