KARACHI: Pakistan has secured a major legal victory in Australia after the Federal Court dismissed an appeal by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) in the basmati word mark case.
According to the Ministry of Commerce, the Australian court’s decision reinforces Pakistan’s longstanding position that the term “basmati” cannot be claimed exclusively by India.
The court also ordered APEDA to pay the legal costs of the opposing party.
APEDA had sought to register “basmati” in Australia as a certification trademark. However, the Australian Registrar of Trade Marks rejected the Indian application on December 22, 2022.
The Ministry said Australian authorities had already recognised that basmati rice is also produced in Pakistan and that Pakistani traders and exporters have an equal and legitimate right to use the term.
The Federal Court’s decision further strengthens Pakistan’s historical and geographical claim over basmati, which the government describes as a product historically associated with a region spanning parts of both Pakistan and India.
The ruling is expected to benefit Pakistani basmati growers, millers and exporters, while protecting their commercial and intellectual property rights in the Australian market.
Pakistani exporters will continue to have the right to market authentic Pakistani basmati rice in Australia, the Ministry of Commerce said.
The ministry added that Pakistan would continue opposing attempts to establish an exclusive Indian monopoly over the basmati name in international markets and would pursue measures to protect basmati based on its historical origin, established reputation and distinctive characteristics.
Federal Minister for Commerce Jam Kamal Khan congratulated the ministry’s team on the legal victory and appreciated its efforts to safeguard Pakistan’s legitimate rights and interests.
He said coordinated efforts by relevant authorities and stakeholders had played an important role in protecting Pakistan’s legitimate interests concerning basmati.
