TY - CHAP
T1 - The aroma of opportunity
T2 - the potential of wine geographical indications in the Australia-India Comprehensive Economic Cooperation Agreement
AU - Taylor, Susanne
AU - Taylor, Madeline
PY - 2017
Y1 - 2017
N2 - As the Australian federal government seeks greater economic and trade integration with its regional neighbours, this chapter reviews the potential to include Australian wine Geographical Indications (GIs) in the current Free Trade Agreement (FTA) negotiations with India in the Comprehensive Economic Cooperation Agreement (CECA). FTA’s have been characterised as a ‘spaghetti bowl’ of bilateral and multilateral agreements in the Asia Pacific region, leading to a debate about harmonisation, integration and codification of GIs in international trade negotiations. There are two distinct methods of including Intellectual Property (IP) content within FTA’s: the minimum level of regulation, under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), termed ‘TRIP-minus’ and a comprehensive regulatory and protection regime, termed ‘TRIPS-plus’. Both Australia and India have adopted a TRIPS-minus approach to FTA negotiations, reiterating the minimum GI standards under Section 22 of the TRIPS agreement. This is despite the high export value of Australia’s wine GIs to India and India’s extensive and stringent national GI system. Australian wine industry associations continue to lobby the federal government to include wine GIs in Australia’s FTA negotiations asserting that a TRIPS-plus trade position will boost Australia’s wine exports, meet consumer demand for wine and support local producer communities. Using the Trans Pacific Partnership (TPP) as an example of heightened TRIPS-plus GI protection and development in regional FTA’s, this chapter concludes with a recommendation to include an annexure in the current CECA negotiations in recognition of the value GIs represent in the Australian agricultural sector.
AB - As the Australian federal government seeks greater economic and trade integration with its regional neighbours, this chapter reviews the potential to include Australian wine Geographical Indications (GIs) in the current Free Trade Agreement (FTA) negotiations with India in the Comprehensive Economic Cooperation Agreement (CECA). FTA’s have been characterised as a ‘spaghetti bowl’ of bilateral and multilateral agreements in the Asia Pacific region, leading to a debate about harmonisation, integration and codification of GIs in international trade negotiations. There are two distinct methods of including Intellectual Property (IP) content within FTA’s: the minimum level of regulation, under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), termed ‘TRIP-minus’ and a comprehensive regulatory and protection regime, termed ‘TRIPS-plus’. Both Australia and India have adopted a TRIPS-minus approach to FTA negotiations, reiterating the minimum GI standards under Section 22 of the TRIPS agreement. This is despite the high export value of Australia’s wine GIs to India and India’s extensive and stringent national GI system. Australian wine industry associations continue to lobby the federal government to include wine GIs in Australia’s FTA negotiations asserting that a TRIPS-plus trade position will boost Australia’s wine exports, meet consumer demand for wine and support local producer communities. Using the Trans Pacific Partnership (TPP) as an example of heightened TRIPS-plus GI protection and development in regional FTA’s, this chapter concludes with a recommendation to include an annexure in the current CECA negotiations in recognition of the value GIs represent in the Australian agricultural sector.
U2 - 10.1007/978-3-319-53073-4_4
DO - 10.1007/978-3-319-53073-4_4
M3 - Chapter
SN - 9783319530727
SN - 9783319850559
T3 - Ius Gentium: Comparative Perspectives on Law and Justice
SP - 81
EP - 107
BT - The importance of place
A2 - van Caenegem, William
A2 - Cleary, Jen
PB - Springer, Springer Nature
CY - Cham, Switzerland
ER -