The Ministry of Commerce has welcomed the decision of the Federal Court of Australia to dismiss an appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) in the Basmati word mark case.
The Australian court also ordered APEDA to pay the respondent’s costs, as agreed or taxed. The decision supports Pakistan’s longstanding position that Basmati is a geographical indication associated with a historically recognised growing region spanning parts of Pakistan and India.
APEDA had sought to register the word “Basmati” as a certification trade mark for rice in Australia. However, a Delegate of the Australian Registrar of Trade Marks rejected the application on December 22, 2022, finding 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.
Australian Court Upholds Pakistani Basmati Claim
The Registrar’s earlier decision expressly recognised 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 outcome represents an important development in Pakistan’s efforts to protect its interests in international markets and challenges any attempt to establish exclusive national rights over the Basmati name.
Pakistan Rejects Exclusive Rights Over Basmati
Pakistan has consistently opposed efforts by India to claim exclusive rights over the Basmati name in international markets.
The Ministry of Commerce has coordinated with relevant national institutions and stakeholders to protect Pakistan’s legitimate interests and preserve the rights of Pakistani producers and exporters.
The government maintains that Basmati originates from a historically recognised growing region spanning areas of both Pakistan and India. It therefore argues that no single national authority should be able to claim exclusive rights over the term to the exclusion of producers and exporters with an equally legitimate right to use it.
Basmati Decision Protects Pakistan’s Export Interests
The Australian ruling is significant for Pakistan’s Basmati growers, millers and exporters because it preserves their ability to market authentic Pakistani Basmati rice in Australia.
Basmati remains an important component of Pakistan’s agricultural heritage and export identity. Protecting the name in international markets is therefore important not only from an intellectual-property perspective but also for maintaining the commercial reputation of Pakistani rice.
The Ministry of Commerce said it will continue pursuing protection for Basmati in foreign jurisdictions based on its historical origin, established reputation and distinctive qualities.
Commerce Minister Welcomes Australian Court Decision
Federal Minister for Commerce Jam Kamal Khan appreciated the Ministry of Commerce team, relevant officials and stakeholders for their coordinated efforts in safeguarding Pakistan’s legitimate rights and interests in the case.
He described the outcome as an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.
The Australian Federal Court decision provides Pakistan with another significant development in its efforts to protect the Basmati name internationally and safeguard the interests of its growers, millers and exporters.