Basmati Trademark Dispute: Pakistan Gains Legal Advantage in Australia

The Federal Court of Australia has rejected an appeal filed by India’s Agricultural and Processed Food Products Export Development Authority (APEDA) in a case concerning the registration of the term “Basmati” as a certified trademark for Indian rice in Australia. The ruling is being viewed as significant for Pakistan, which also produces Basmati rice. Pakistan registered “Basmati” as a geographical indication in 2021. India Filed Application in 2019, Rejected in 2022 India had applied in 2019 for the registration of the “Basmati” name and mark as a certified trademark in Australia. However, the Australian trademarks authority rejected the application in 2022. The main argument behind the rejection was that Basmati rice is not produced exclusively in India but is also cultivated in certain areas of both India and Pakistan. Decision Strengthens Position of Pakistani Exporters The latest court decision strengthens the position of Pakistani exporters seeking to use the “Basmati” name in the Australian market. The dispute has become an important chapter in the long-running legal contest between India and Pakistan over agriculture, trade and geographical identity. India Exports Three to Four Times More Basmati to Australia India and Pakistan both supply Basmati rice to Australia. India exports around 50,000 to 60,000 tonnes annually, while Pakistan supplies approximately 14,000 to 17,000 tonnes. In terms of volume, India’s Basmati exports to Australia are therefore around three to four times higher than those of Pakistan.