Singapore: Prosecco geographical sign software carries on

Tom Smith

In transient The Mental Property Office of Singapore (IPOS) resolved that a geographical indicator application for “Prosecco” originating from Italy would be granted, and an opposition by an Australian manufacturer unsuccessful on all grounds. In a lot more element In a modern Could 2021 determination, Consorzio Di Tutela Della Denominazione Di […]

In transient

The Mental Property Office of Singapore (IPOS) resolved that a geographical indicator application for “Prosecco” originating from Italy would be granted, and an opposition by an Australian manufacturer unsuccessful on all grounds.


In a lot more element

In a modern Could 2021 determination, Consorzio Di Tutela Della Denominazione Di Origine Controllata Prosecco v. Australian Grape and Wine Inc., the Principal Assistant Registrar Tan Mei Lin (PAR) rejected Australian Grape and Wine’s opposition to Consorzio’s geographical sign (GI) application. The GI software was to sign-up the expression “Prosecco” as a geographical indicator of the North East region of Italy.

The grounds of opposition involve:

  •  the GI contains the identify of a plant wide variety and is most likely to mislead the buyer as to the correct origin of the merchandise pursuant to section 41(1)(f) of the Geographical Indications Act (GIA) and 

  • the GI does not tumble inside of the meaning of “geographical indication” as outlined in the GIA.

The PAR resolved that the GI software was not likely to mislead individuals on the following foundation:

  • “Prosecco” has been employed as the identify of a grape range given that at minimum 1773, originating from Italy, but because left its cradle of origin and is now cultivated in business quantities in other nations around the world these kinds of as Australia. 

  • Australian “Prosecco” and Italian “Prosecco” have been marketed together with each individual other for 4 several years in the Singapore market place.

  • Prosecco buyers shell out a superior degree of focus to where by goods are produced, reducing the likelihood of them getting misled.

  • It is frequent marketplace follow for wine traders to sector their wines in Singapore with an accompanying state of origin. 

  • Drastically, much more Italian “Prosecco” is bought than the Australian assortment offered the reputation, popularity and length of time Italian “Prosecco” has been bought in Singapore.

Even further, the software complies with section 2 of the GIA. The GIA only calls for an indication be applied in trade to detect products as originating from a put and is not worried with how it is perceived by buyers.

For a lot more details, remember to see the full decision listed here.

Critical takeaways

When processing GI programs, IPOS will think about the chance the permitted GI will mislead the buyer as to the origin of the items. More, even nevertheless “Prosecco” is a variety of grapes, section 15(b) of the GIA does not mechanically preclude registration of GIs that are identical with names of plant versions. This choice reinforces the need to have to look at just about every GI software on a case-by-circumstance foundation to determine the potential customers of good results.

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