Australian court rejects India's 'Basmati' trademark appeal, in win for Pakistan

The Federal Court of Australia dismissed an appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) in a case concerning the use of the word “Basmati” for rice by Pakistani authorities.

The Australian court also ordered APEDA to pay the respondent’s costs, further strengthening Pakistan’s position that the term Basmati cannot be claimed exclusively by a single national authority, said a press statement issued by the Ministry of Commerce.

APEDA had sought registration of “Basmati” as a certification trademark for rice in Australia. However, an Australian Registrar of Trade Marks’ Delegate rejected the application on December 22, 2022, ruling 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. The court has now dismissed the appeal, effectively upholding the earlier findings, including recognition that Basmati rice is also grown in Pakistan and that Pakistani traders have a legitimate right to use the term.

The Ministry of Commerce has welcomed the decision and said the ruling represents a significant development in Pakistan’s longstanding position that Basmati originates from a historically recognised growing region encompassing areas of both Pakistan and India.

The ministry said the decision reinforces the view that no single national authority can claim an exclusive right over the word “Basmati” to the exclusion of producers and exporters from the other country who have an equally legitimate right to use the name.

Pakistan has consistently opposed attempts by India to secure exclusive rights over the Basmati name in international markets. The Ministry of Commerce said it has coordinated with relevant national institutions and stakeholders to protect the interests of Pakistani Basmati growers, millers and exporters.

The outcome, it added, would help preserve the right of Pakistani producers and exporters to market authentic Pakistani Basmati rice in Australia while protecting their commercial and intellectual-property interests.

The ministry said it would continue efforts to safeguard Basmati as an important part of Pakistan’s agricultural heritage and export identity, pursuing 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 case.

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