Pakistan wins Basmati trademark case as Australian court rejects India’s appeal

ISLAMABAD: Pakistan has secured a major legal victory in the long-running Basmati rice dispute after the Federal Court of Australia dismissed an appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA), rejecting its bid to secure exclusive certification trademark rights for the word “Basmati” in Australia.

The Ministry of Commerce welcomed the Australian court’s decision, saying it vindicated 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 by taxation.

APEDA had applied to register “Basmati” as a certification trademark 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 the decision before the Federal Court of Australia.

The Registrar’s decision recognised that Basmati rice is also grown in Pakistan and that Pakistani traders have a legitimate right to use the term. By dismissing APEDA’s appeal, the Federal Court has upheld those findings.

The Ministry of Commerce said the ruling represented a significant victory for Pakistan’s position that no single national authority can claim exclusive rights over the word “Basmati” to the exclusion of producers and exporters from the other country with an equally legitimate claim to the name.

According to the ministry, Pakistan has consistently opposed attempts by India to secure exclusive rights over the Basmati name in international markets and has coordinated with relevant national institutions and stakeholders to safeguard the country’s interests.

The ministry said the ruling protects the commercial and intellectual property interests of Pakistan’s Basmati growers, millers and exporters and preserves their right to market authentic Pakistani Basmati rice in Australia.

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It added that the government would continue efforts to protect Basmati as an important part of Pakistan’s agricultural heritage and export identity in foreign jurisdictions, based on its historical origin, established reputation and distinctive qualities.

Federal Minister for Commerce Jam Kamal Khan appreciated officials, the Ministry of Commerce team and other stakeholders for their coordinated efforts in safeguarding Pakistan’s rights and interests in the case.

He described the outcome as an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.