Australian Federal Court Dismisses Indian Appeal in Basmati Word Mark Case

The Ministry of Commerce, Government of Pakistan welcomes the decision of the Federal Court of Australia dismissing the appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) in the Basmati word mark case.

The Court also ordered APEDA to pay the respondent’s costs, as agreed or taxed. The decision vindicates Pakistan’s principled and consistently maintained position regarding Basmati as a geographical indication.

APEDA had applied to register the word Basmati as a certification trade mark for rice in Australia. The application was rejected by a Delegate of the Australian Registrar of Trade Marks on 22 December 2022 on the ground that the word Basmati 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.

The Registrar’s 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 has upheld these findings.

The outcome constitutes a significant victory for Pakistan’s position that Basmati originates from a historically recognised growing region spanning areas of Pakistan and India, and that no single national authority can claim an exclusive right over the word Basmati to the exclusion of producers and exporters having an equally legitimate right to its use.

The Ministry of Commerce has consistently opposed Indian attempts to claim exclusive rights over the Basmati name in international markets and has coordinated with the relevant national institutions and stakeholders to safeguard Pakistan’s legitimate interests. The outcome protects the commercial and intellectual-property interests of Pakistan’s Basmati growers, millers and exporters and preserves their right to market authentic Pakistani Basmati in Australia.

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.

Federal Minister for Commerce Jam Kamal Khan appreciated the Ministry of Commerce team, concerned officials and stakeholders for their coordinated efforts in safeguarding Pakistan’s legitimate rights and interests in the Basmati case.

He termed the outcome an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.