Australian Court Dismisses India's Basmati Trademark Appeal in Win for Pakistan

سٹریلوی عدالت کا بھارت کی باسمتی ٹریڈ مارک اپیل خارج کرنے کا فیصلہ

Australian Court Dismisses India's Basmati Trademark Appeal in Win for Pakistan

The Federal Court of Australia has dismissed an appeal filed by India's Agricultural and Processed Food Products Export Development Authority (APEDA) regarding the use of the word "Basmati" for rice, ordering APEDA to pay the respondent's costs. The Ministry of Commerce announced the ruling in a press statement.

APEDA had sought registration of "Basmati" as a certification trademark in Australia, but an Australian Registrar of Trade Marks' Delegate rejected the application on December 22, 2022. The delegate ruled that the term could not distinguish APEDA-certified rice from Basmati rice produced by other traders, prompting APEDA to challenge the decision in the Federal Court.

The court's dismissal upholds findings that Basmati rice is also grown in Pakistan and that Pakistani traders have a legitimate right to use the term. The Ministry of Commerce welcomed the decision, stating it reinforces Pakistan's position that Basmati originates from a historically recognized region encompassing both Pakistan and India, and that no single national authority holds exclusive rights to the name.

Federal Minister for Commerce Jam Kamal Khan praised the ministry team and stakeholders for their coordinated efforts. He described the outcome as a significant achievement for Pakistan's agricultural heritage, commercial interests, and export identity in foreign jurisdictions.