Geographical Indications Guidelines A GUIDE TO LABELLING WITH GEOGRAPHICAL INDICATIONS

Transcription

1 Geographical Indications Guidelines A GUIDE TO LABELLING WITH GEOGRAPHICAL INDICATIONS Wine Australia

2 Introduction This guide has been developed to outline the rules of use governing country names and registered geographical indications on Australian wine labels. The description and presentation of wine covers labels, tags attached to bottles, protective wrappings, cartons and cases, commercial documents and any advertisements relating to the wine. These guidelines have been developed with reference to the Wine Australia Corporation Act 1980 and the EU Australia Wine Agreement. This guide covers the following areas: Country Names... 3 Foreign Geographical Indications... 6 Australian Geographical Indications... 7 Adjectival Use of Geographical Indications... 9 Brand Names Pre existing Trademarks Disclaimer: The information in this document does not constitute legal advice. It represents The Australian Grape and Wine Authority's interpretation oftthe Australian Grape and Wine Authority Act 2013 and it is possible that a court could disagree with our intepretation. Anyone who relies on this document does so at their own risk. The Australian Grape and Wine Authority

3 Country Names The use of a country name in a true statement would be permitted on Australian wine labels provided the name is not used to indicate the wine originated in a particular country when it did not. Examples of acceptable references to country names: Regional Hero 2009 Barossa Valley Syrah Landmark Australia MARGARET RIVER 2009 Chardonnay Our winemaker was born in Italy and migrated to Australia in The grapes for this wine were sourced from our family estate in the Barossa Valley. This wine was fermented and matured in new and used French and American oak barrels for 12 months. It was fermented using a select German yeast strain. PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA, 5000 CONTAINS SULPHITES & MILK PRODUCTS L2009 PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA, 5000 CONTAINS SULPHITES AND MILK PRODUCTS L2009 The Australian Grape and Wine Authority 2014 The reference to country names other than Australia in this context would be acceptable because they are not being used to indicate the origin of the wine.

4 Country Names Wine Australia would, however, consider the following label to be unacceptable. The reference to a foreign country Italy in conjunction with a picture emblematic of Italy would in our view suggest that the wine was Italian when it was not. This is the case even though the true origin Yarra Valley is also included on the label. Viva la Italia! 2009 Yarra Valley Pinot Grigio PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA, 5000 CONTAINS SULPHITES AND MILK PRODUCTS. L The reference to Italy in this context would be unacceptable.

5 Country Names The distinction between the following two labels depends on how closely the reference to the country name is linked to the wine itself rather than to a grape variety or the nationality of the winemaker, for example TEMPRANILLO COONAWARRA 2009 VERDELHO ADELAIDE HILLS This Spanish grape variety has only recently been introduced to Australia. Tempranillo has found its niche in the rich, terra rossa soils and cool climate of Coonawarra. This is from the Portuguese wine collection produced by Wine Australia Wines. Verdelho is noted for its early ripening characteristics and its raspberry and plum fruity undertones. This reference to Spanish would be acceptable. The reference to Portuguese in this context would not be acceptable. 5

6 Foreign Geographical Indications The use of other countries registered geographical indications on wines not entitled to those names is not permissible in any context. Hence even (true) statements such as our winemaker was born in Burgundy are not permitted on Australian wine labels. Currently the only foreign geographical indications registered in Australia are European. Check the Wine Australia website for the list in Part I on the Register of Protected GI s and Other Terms Shiraz Grenache Hunter Valley 2009 Merlot RIVERINA This classic Rhone style blend of Shiraz and Grenache from the excellent 2009 vintage has produced a soft dry red with excellent length of flavour on the palate. Perfect for drinking as a young wine. Our winemaker completed several vintages in Bordeaux before arriving in Australia to start up a new winemaking venture. Our wines are crafted in the classic style using traditional winemaking techniques. References to registered foreign Geographical Indications are not permissible. The Australian Grape and Wine Authority

7 Australian Geographical Indications Similarly, the use of Australian registered geographical indications on wines not entitled to those names is not permissible (with the one specific exemption for addresses see page 8). Statements such as our winery is situated in McLaren Vale when the particular wine in question is not from McLaren Vale are not permitted, even if true and even if supplemented by clarifying information. Check the Wine Australia website for a list of registered Australian GI s SEMILLON SOUTH EASTERN AUSTRALIA Our winery is situated amongst the softly undulating hills of McLaren Vale. The grapes for this wine were sourced from various regions across South Eastern Australia. References to Australian geographical indications are not permissible if the wine is not sourced from that region. PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA 5000 CONTAINS SULPHITES AND MILK PRODUCTS L2009 The Australian Grape and Wine Authority

8 Australian Geographical Indications The Wine Australia Corporation Act provides a specific exemption where a registered GI is included in a winery s address. Care should be taken, however, to ensure that the label address is not misleading as to the source of the wine. Registered geographical indications in label addresses can only be used if such use is both true and necessary. RESERVE SELECTION 2009 PINOT GRIGIO PEMBERTON ESTATE GROWN 2009 CABERNET SAUVIGNON RIVERLAND Produced by Our Wines 123 Street, Margaret River, WA 6285 Produced by Our Wines 123 Street, Tanunda - Barossa Valley, SA 5352 CONTAINS SULPHITES AND MILK PRODUCTS L2009 CONTAINS SULPHITES AND MILK PRODUCTS L2009 The reference to Margaret River in the address is acceptable as it is a true and necessary part of the address. This reference to Barossa Valley would not be acceptable as it not a necessary part of the physical address. The Australian Grape and Wine Authority

9 Adjectival Use of Geographical Indications Protection of GI s extends to adjectival use. For example, Champenoise, Bordelais and Burgundian are protected in the same way as Champagne, Bordeaux, and Burgundy. South Eastern Australian, Barossan and Victorian are other examples of adjectival use of GI s. COOL CLIMATE TASMANIAN SPARKLING PINOT NOIR CHARDONNAY BURGUNDIAN RED {PINOT NOIR} THIS SPARKLING PINOT NOIR CHARDONNAY WAS CAREFULLY FERMENTED IN THIS BOTTLE FOLLOWING THE TRADITIONAL METHODE CHAMPENOISE. IT SPENT TWO YEARS ON LEES TO MAKE A WINE OF GREAT ELEGANCE AND COMPLEXITY. THIS PINOT NOIR WAS HANDCRAFTED IN TRUE BURGUNDIAN STYLE. TERROIR IS THE WAR-CRY OF OUR WINES. THE GRAPES FOR THIS WINE WERE SOURCED FROM A TINY PARCEL OF LAND ON OUR VINEYARD, ENSURING THAT ONLY THE BEST MADE IT INTO THIS BOTTLE. PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA 5000 CONTAINS SULPHITES AND MILK PRODUCTS L2009 PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA 5000 CONTAINS SULPHITES AND MILK PRODUCTS L2009 Adjectival use of geographical indications is not permitted if the wine is not sourced from that region. The Australian Grape and Wine Authority

10 Brand Names If a brand name (or business name) contains a registered geographical indication it can only be used on the label when the wine has been sourced from the relevant GI. West Australian Wine Group 2009 Rutherglen Topaque Clare Valley Estate 2009 Mornington Peninsula Pinot Noir This Classic Rutherglen Topaque is made from the finest Muscadelle grapes. This fortified wine has rich honey flavours. Rutherglen fortified wines are internationally acclaimed. PRODUCED BY WEST AUSTRALIAN WINE GROUP, 123 STREET, ADELAIDE, SA, % VOL, APPROX 8 STANDARD DRINKS, AUSTRALIAN WINE CONTAINS SULPHITES & MILK PRODUCTS L2009 This wine was sourced from our vineyards in the Mornington Peninsula and bottled at our family estate. Pinot Noir is one of the world s most versatile food wines. PRODUCED BY CLARE VALLEY ESTATE, 123 STREET, ADELAIDE, SA, 5000 CONTAINS SULPHITES & MILK PRODUCTS L2009 These brand names would not be permissible as the wine has not been sourced from the regions referred to in the brand. The Australian Grape and Wine Authority

11 Pre-existing Trademarks Regulation 17A of the Wine Australia Corporation Act allows for the co existence of Australian geographical indications and trademarks which were registered by IP Australia prior to the registration of the geographical indication. Check the Wine Australia website for details on GI registration. A pre existing trademark which includes a registered GI may continue to be used provided the true source of the grapes is clearly identified. Wine Australia s view is that the GI would need to be sufficiently specific to ensure the label does not mislead as to the origin of the wine. Mudgee Wine Co Adelaide Hills Shiraz -PYRENEES PARK- South Eastern Australia The grapes for this wine were sourced from our estate in the Adelaide Hills. This soft, fruity wine displays lovely peach and lychee aromas on the palate. PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA, 5000 CONTAINS SULPHITES & MILK PRODUCTS L2009 We combined traditional winemaking practices and modern techniques to craft our wine. This Cabernet is smooth and rich and displays aromas of blackberries and plums. PRODUCED BY OUR WINES, 123 STREET, ADELAIDE, SA, 5000 CONTAINS SULPHITES & MILK PRODUCTS L2009 Acceptable when Mudgee Wine Co. is a pre existing South Eastern Australia is not considered sufficiently trademark and the source of the grapes is clearly identified. specific to mitigate the potentially misleading trademark The Australian Grape and Wine Authority 2014 neither would Victoria be an acceptable alternative. 11

12 T F E enquiries wineoustralio.com W Wine Australia ABN Industry House - Nottonol Wme Cenlre Cnr Hackney & Botanic Roods. Adelo1de SA 5000 PO Box 2733, Kent Town SA 5071, Austro l1o Compliance Cenhe Level 2, 18 Dequettev1lle Terrace, Kent Town SA 5067 The Australian Grape and Wine Authority 2014 T F