Australia court rejects India’s appeal over Basmati trademark rights

The Federal Court of Australia has dismissed an appeal by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) regarding exclusive trademark rights to the term ‘Basmati’. The ruling follows a 2022 decision by an Australian registrar which rejected APEDA’s application to register ‘Basmati’ as a certification trademark, stating the term could not distinguish APEDA-certified rice from Basmati rice legally produced by other traders.

The court recognized that Basmati rice is grown in both Pakistan and India, affirming that Pakistani traders have a valid right to use the name. As a result, the court ordered APEDA to pay the costs of the case, the amount of which is to be determined by the court or agreed upon by both parties.

Pakistan’s Ministry of Commerce welcomed the decision, noting it supports the position that Basmati is linked to a historic growing region spanning both nations and that no single country should hold exclusive control over the name. The ruling is considered a significant development for Pakistan’s rice industry, protecting the interests of its growers, millers, and exporters in the international market.