posted on 2019-10-29, 09:34authored byVicki Waye;Stephen Stern
The Australian wine industry is attempting to transform its reputation as a producer of generic mass produced wine to a producer of premium regional wine. However, with no emphasis on wine typicality, Australia’s legal framework of wine geographical indications is not well placed to promote and protect Australia’s wine regions. In this article we explore the framework’s genesis as an indication of source rather than a true geographical indication framework that links wine characteristics with place. We analyse case law and subsequent legal reform designed to correlate Australian wine law with international developments, noting that the reform has occurred after almost all of Australia’s existing wine geographical names and their boundaries have been determined. We consider whether future geographical names and their boundaries should be determined on a different basis, compare different legal models that will facilitate the promotion of wine typicality and regionality, and suggest legislative changes that might implement a framework that better aligns the law with international consumer expectations for regional wine.
History
Publication Date
2016
Volume
42
Issue
2
Type
Article
Pages
458–496
AGLC Citation
Vicki Waye and Stephen Stern, ‘The Next Steps Forward for Protecting Australia’s Wine Regions’ (2016) 42(2) Monash University Law Review 457