Australia to develop new domestic Geographical Indication system under new Free Trade Agreement with the EU
What you need to know
- Australia and the European Union have concluded negotiations for a Free Trade Agreement (the A-EU FTA), which requires Australia to introduce a local system for registration of geographical indications (GIs).
- Australia is set to protect 396 EU agri-GIs under the A-EU FTA: 231 for spirits and 165 for other agricultural products. There are exceptions and phase out periods for a small number of more common and commercially significant GIs.
- The A-EU FTA is expected to come into force in 2027.
- Australia and the European Union have also concluded negotiations on a new but yet to be ratified Wine Agreement that complements the A-EU FTA, and which provides for the new GI regime and eliminates wine tariffs. The Wine Agreement is expected to reduce the financial and administrative barriers Australian producers face in exporting wine to the EU.
What you need to do
- Businesses should check the list of geographic indicators that will be protected and review any impact on their products or business.
- Some producers currently using GIs should check whether they fall within any of the exceptions and review business plans to ensure compliance in advance of the FTA coming into force.
- Winemakers should review and familiarise themselves with the new Wine Agreement and the changes it introduces, including to the residual sugar limits for sparkling wines.
On 24 March 2026, Australia and the European Union concluded negotiations on the terms of an Australian-European Union Free Trade Agreement (A-EU FTA). The A-EU-FTA followed eight years of negotiations, and will regulate future bi-lateral trade that totalled over 80 billion euro in 2025.
The export of goods and services between the two geographic regions favours EU businesses three to one: EU €28 billion versus Australia €10.7 billion in goods; and EU €31 billion in 2024 in services to Australia versus €11 billion in Australian services to the EU.
Businesses in the EU and Australia will benefit from significant reductions in tariffs and duties on exports to each other as a result of the A-EU FTA. Key to securing the agreement was Australia's agreement to introduce a new Geographical Indications (GI) regime that will recognise 396 EU GIs and which is the subject of this update.
What is a Geographical Indication
A GI is a special type of sign denoting a product as originating from a specific place (such as a territory, region or locality) and having certain other particular characteristics. For example, Champagne is a GI denoting a sparkling wine originating from the Champagne region of France made from specific grape varieties from limited geographical locations, and produced according to traditional methods that involve a secondary fermentation once the wine is bottled.
The Australian GI regime will prohibit Australian producers from using EU-derived GIs for their products, subject to limited exceptions and phase out periods discussed below.
Australia's new approach to Geographical Indications
Australia's new GI regime will be administered by IP Australia, the body that currently administers the registration of other IP rights such as trade marks, patents and designs.
Australia currently protects certain local and international GIs in other ways,
GIs for wines are protected under the Register of Protected Geographical Indications and Other Terms, which is administered by Wine Australia under the Wines Act 2013 (Cth)); and
Wines and other goods may be protected as certification trade marks under the Trade Marks Act, 1995. There are currently 613 registered certification trade marks for goods and services, including 51 registered for "alcohol" or "alcoholic beverages".
GIs can also be protected more indirectly, via the common law tort of passing off or via consumer protection legislation that prohibits misleading or deceptive conduct in trade or commerce or conduct likely to mislead or deceive. It is possible to protect and regulate a mark that is not registered as a certification mark but is used for certifying purposes through a standard registered trade mark and licensing program.
IP Australia's preferred view is that the new regime be set up and regulated via amendments to the Trade Marks Act 1995 rather than via its own separate legislation.
In addition to recognising the 396 EU GI's listed in the A-EU FTA, the new GI regime will be available for the protection of Australian and overseas GIs, including new EU-derived GIs. The FTA also includes a provision for both parties to seek protection of new GIs in the other's market, such that Australian-derived and protected GIs may be protected in the EU.
EU terms to be protected
The 396 EU GIs listed in the A-EU FTA for protection consist of 231 alcoholic products and 165 agricultural goods, including some breads and pastry products, fresh meat, fruits, vegetables and cereal. A full list of protected terms is available on the DFAT website.
Prohibition on the use of a registered (and therefore protected) GI will extend to:
- translations or transliterations of the GI that retain the meaning of the GI;
- use of the GI as a descriptor of style, e.g. if accompanied by words such as "kind", "type" or "imitation"; and
- use of the GI with an indication of the true origin of the good.
There are three important carve outs to allow for (i) continued use; (ii) grandfathering; and (iii) phase out periods:
Continued use of a limited number of GIs will be allowed, provided use is not misleading. These GIs include: Parmesan, Prosecco, Kransky, Parmigiano Reggiano, Kranjska klobasa;
Grandfathering – producers will be able to use the following terms if they can establish "prior use" (being use on goods produced in good faith for at least five years prior to the A-EU FTA entering into force): Bavarian, Feta, Finocchiona, Grain jenever, Grappa, Gruyere, Bologna, Munich, Nurnberger Bratwurste, Romano and Tiroler for specific goods; and
Phasing out – the following terms may be used for the following limited periods.
| Terms | Time period |
|---|---|
| Fontina, Munster, Sherry vinegar, Slavonski, Szedgedi, Romano | Five years |
| Ouzo, Tsipouro | Seven years |
| Prosecco for export | Ten years |
Some notable exceptions
The Italian GI Parmigiano Reggiano will be protected but the term parmesan will still be available for use. The same applies to the Italian GI Pecorino Romano (and Romano), whereas use of Pecorino will still be permitted. As indicated in the table above, the Italian GI Prosecco can still be used for Australian domestic wine, but the term is grandfathered for export of Australian wines. Australian producers may still use the Greek GI Kalamata for olive oil, provided its use is not misleading with regard to the geographical origin of the olive oil. There are similar specific exceptions for kransky, black forest ham and csabai.
Additionally, existing registered trade marks that incorporate a GI term may still be used and any such registrations can be renewed, notwithstanding the GI gaining protection.
New Wine Agreement
The two regions have also concluded negotiations on a proposed new Australia – European Union Wine Agreement (Wine Agreement), which complements the A-EU FTA. The EU is one of Australia’s largest wine export destinations and accounted for $159.3 million in wine exports in 2025.
As part of the Wine Agreement, the EU has agreed to simplify requirements for Australian wine exporters to the EU, including certain testing and certification requirements. These changes are expected to increase access to the European market by Australian producers. In exchange, Australia has agreed to adopt the EU's residual sugar limits for sparkling wines, which will be phased in over five years from entry of the Wine Agreement. Australia has also agreed to protect new and amended EU GI's and traditional terms. The parties' agreement regarding GIs for wine labelling under the Wine Agreement complements and reflects their agreement under the A-EU FTA discussed above, including in relation to Prosecco.
The Australian Parliament is expected to consider the A-EU FTA and Wine Agreement in parallel and ratification and entry into force is expected in 2027.
Authors: Maria Sun, Partner; Brett Doyle, Senior Consultant and Melanie Kitchin, Senior Associate
Want to know more?
- A-EU FTA Geographical indications, https://www.dfat.gov.au/trade/agreements/not-yet-in-force/aeufta/geographical-indications
