Geographical indications: what is their worth? A comparison of geographical indication registrations between Australia and Italy

Abstract

This thesis explores the worth of using food Geographical Indications (GIs) on food products to make an origin claim in the context of a sui generis food GI system. It assesses the value of using a sui generis food GI system to protect the connection between Australian regional food and origin and to protect the assets that Australia has in Australian regional names as identifiers of authentic regional food products that have a clear and strong connection with Australian regions. This assessment is made against a background of significant and original fieldwork carried out in Italy and South Australia. Since 1992, Italy has operated under a sui generis food GI system as provided for in the European Union Regulation EU No. 1151/2012 of the European Parliament and Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (EU–Italian food GI system). Italy currently has 294 food GI registrations, the highest number of food GI registrations in the European Union (EU). Therefore, Italy was the ideal case study to determine the worth of a food GI system. Interviews were conducted with a variety of food producers and agricultural industry-based organisations and GI Consortiums as part of the Italian fieldwork. The overall aim and objective of the Italian fieldwork was to determine the effectiveness of the EU–Italian food GI system in protecting the connection between food and origin and the lessons that could be learned from the EU–Italian food GI system in considering implementation of a sui generis food GI system in Australia. The Italian fieldwork revealed that a sui generis food GI system was an effective legal framework to protect the connection between food and origin. It provided valuable insight into the elements required for a successful food GI system. The overall aim and objective of the South Australian fieldwork was to determine whether the interviewees considered that Australia should implement a sui generis food GI system. Interviews were conducted with regional food producers based in the South Australian regions of the Barossa Valley and Adelaide Hills, as well as other representatives of the South Australian food industry, as part of the South Australian fieldwork. The South Australian fieldwork revealed that regional food producers based in the Barossa Valley and the Adelaide Hills were interested in a sui generis food GI system. The South Australian fieldwork provided valuable insight into the elements that the regional food producers considered necessary for a successful Australian food GI system. Against the backdrop of this significant and original fieldwork, this thesis recommends that Australia implement a sui generis food GI system to overcome the deficiencies of current consumer protection, passing off and trademark laws that inadequately regulate the connection between food and origin. This thesis explains that a sui generis food GI system is not only important for Australia at a national level, it is also crucial at an international level.