Previous Call for Objections to Amended Versions of Certain Names Proposed for Protection as Geographical Indications in New Zealand

Background

A geographical indication (GI) is a name that identifies a product as originating in a territory, region, area or locality in that territory where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin.

As part of those negotiations for a free trade agreement with the European Union (EU-NZ FTA), the EU has presented New Zealand with a list of approximately 2,200 names which are protected in the EU as GIs for wine, spirits and other products. The EU asked New Zealand to recognise and protect these names as GIs in New Zealand under the EU-NZ FTA. 

New Zealand called for submissions in late 2018 on the EU’s list of proposed names. That consultation closed on 19 March 2019.

The EU notified New Zealand that, in relation to certain EU name proposals, changes have been made to the equivalent EU registrations of those names.  The EU requested that the names being considered as part of the EU-NZ FTA negotiation should be updated to include equivalent changes. The amended version of the relevant names are listed in the Annex below. 

In April 2022 we called for submissions on the amended versions of these names. That consultation closed on 24 May 2022.

The information from this consultation informed the ongoing negotiations.

For more information on the negotiation, see our EU-NZ free trade agreement page.

What were the requirements for providing a substantiated objection?

A substantiated objection to the protection as a GI in New Zealand of any of the names listed in the Annex needed to state the grounds upon which protection of the name should not be given in New Zealand and include relevant supporting information to substantiate the ground(s) of your objection.

Substantiated objections could be made in relation to a name listed in the Annex, as well as in relation to any transliteration or translation of a name.

An objection could be made on the following grounds:

• the name is identical, or confusingly similar, to a trade mark or GI that is the subject of a pending application or registration under either the Trade Marks Act 2002 or the Geographical Indications (Wine and Spirits) Registration Act 2006
• the name is identical, or confusingly similar, to a trade mark or GI currently in use in New Zealand, the rights to which have been acquired through good faith use in New Zealand.
• the name is homonymous with a GI that is the subject of a pre-existing good faith pending application or registration under the Geographical Indications (Wine and Spirits) Registration Act 2006 and that has a different geographical origin;
• the name is used in New Zealand as the name of a plant variety, including a wine grape variety, or an animal (including fish) breed;
• the name is used in New Zealand as the common name for the relevant good;
• use or protection of the name in relation to the relevant good would likely offend a significant section of the community, including Māori.

Submitters were encouraged when providing a substantiated objection to identify, to the extent possible, all likely impacts (including any costs) that might occur from protection being given in New Zealand to the name objected to.

Disclaimer

The invitation to provide substantiated objections to the recognition and protection as a GI in New Zealand of any of the names listed in the Annexes was required to be understood in the broader context of the EU-NZ free trade agreement negotiations.

In scoping discussions between New Zealand and the EU prior to commencement of negotiations, the parties agreed that negotiations should aim at providing a broader framework for the recognition and protection of GIs beyond wine and spirits. But both parties recognised that an agreement on providing such framework would be subject to a satisfactory outcome in the overall agreement for New Zealand.

Providing a substantiated objection to any name listed in the Annexes did not guarantee that the name will not be recognised and protected as a GI in New Zealand under the free trade agreement. Any protection of names by either the EU or New Zealand as a GI under the free trade agreement was the subject of negotiation. For New Zealand, that required, among other things, a satisfactory outcome in the overall agreement.

Nothing in this document should be taken as suggesting that there will be any changes to New Zealand’s current domestic regulatory regime for GI protection.

Annex

Amended Versions of Certain Names Proposed for Protection as Geographical Indications in New Zealand.