Protection of Australian Regional Names as Food Geographical Indications - South Australian Case Study: Part 1

This article is the first of a two-part article series that reports and explains findings from a case study conducted in the South Australian regions of Barossa Valley and Adelaide Hills. The case study explored whether regional food producers based in those regions consider that Australia should implement a dedicated food Geographical Indications (GI) framework. This article reflects on the cases that exist at both a national and international level for the implementation of an Australian food GI framework, before identifying the key findings made as a result of the case study. This article reveals that the regional food producers, who participated in the case study, consider that Australia should implement a food GI framework. They would welcome the implementation of a similar framework in the food industry to that which exists in the Australian wine industry pursuant to the Australian wine GI framework. They believe that a food GI framework would provide better regulation in protecting the connection between food and origin, and the value that exists in the names "Barossa Valley" and "Adelaide Hills", than currently provided pursuant to existing consumer protection, passing off and trade mark laws. Furthermore, this article explains that the implementation of an Australian food GI framework would significantly improve Australian intellectual property laws and place Australia in a strong international trading position. The issues addressed in this article have become pressing, as the Australian government is engaged in consultations on a possible new GI right as part of negotiations for a Free Trade Agreement with the European Union.