ISLAMABAD: Pakistan on Wednesday welcomed an Australian Federal Court decision dismissing an appeal by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) seeking exclusive trademark rights to the word “Basmati” for rice, the commerce ministry said.
The ministry said Pakistan welcomed the ruling as a victory for its position that Basmati is a geographical indication associated with a historic growing region spanning parts of both Pakistan and India.
The Federal Court of Australia also ordered APEDA to pay the respondent’s legal costs, according to the ministry.
APEDA had applied to register "Basmati" as a certification trademark for rice in Australia. The application was rejected by a delegate of the Australian Registrar of Trade Marks on December 22, 2022, on the grounds that the term "could not distinguish rice certified by APEDA from Basmati rice legitimately produced and marketed by other traders," the ministry said.
APEDA subsequently challenged the decision before the Australian Federal Court.
According to the Ministry of Commerce, the Registrar’s decision had expressly recognized that Basmati rice is also grown in Pakistan and that Pakistani traders have an equally valid claim to use the term.
By dismissing APEDA’s appeal, the Federal Court upheld those findings, the ministry said.
It added that the decision protected the commercial and intellectual-property interests of Pakistani Basmati growers, millers and exporters, while preserving their right to market authentic Pakistani Basmati in Australia.
Pakistan has consistently opposed what it describes as Indian attempts to claim exclusive rights over the Basmati name in international markets, the ministry said, adding that it had coordinated with relevant national institutions and stakeholders to safeguard the country’s interests.
Commerce Minister Jam Kamal Khan appreciated the ministry’s team, concerned officials and stakeholders for their coordinated efforts in the case.
"The outcome is an important achievement for Pakistan’s agricultural heritage and export identity," Khan said.
"The Ministry of Commerce will continue to safeguard Basmati as an important part of Pakistan’s agricultural heritage and export identity and pursue its protection in foreign jurisdictions on the basis of its historical origin, established reputation and distinctive qualities," the statement concluded.
