The Next Steps Forward for Protecting Australia's Wine Regions

(2016) 42 (2) Monash University Law Review 458

39 Pages Posted: 4 Apr 2017

See all articles by Vicki C. Waye

Vicki C. Waye

University of South Australia - Justice & Society

Stephen Stern

Corrs Chambers Westgarth

Date Written: 2016

Abstract

The Australian wine industry is attempting to transform its reputation as a producer of generic mass produced wine to a producer of premium regional wine. However, with no emphasis on wine typicality, Australia’s legal framework of wine geographical indications is not well placed to promote and protect Australia’s wine regions. In this article we explore the framework’s genesis as an indication of source rather than a true geographical indication framework that links wine characteristics with place. We analyse case law and subsequent legal reform designed to correlate Australian wine law with international developments, noting that the reform has occurred after almost all of Australia’s existing wine geographical names and their boundaries have been determined. We consider whether future geographical names and their boundaries should be determined on a different basis, compare different legal models that will facilitate the promotion of wine typicality and regionality, and suggest legislative changes that might implement a framework that better aligns the law with international consumer expectations for regional wine.

Keywords: wine, geographical indications, appellations of origin

JEL Classification: K30

Suggested Citation

Waye, Vicki C. and Stern, Stephen, The Next Steps Forward for Protecting Australia's Wine Regions (2016). (2016) 42 (2) Monash University Law Review 458, Available at SSRN: https://ssrn.com/abstract=2945887

Vicki C. Waye (Contact Author)

University of South Australia - Justice & Society ( email )

GPO Box 2471
Adelaide SA 5001
Australia

Stephen Stern

Corrs Chambers Westgarth ( email )

Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
94
Abstract Views
560
Rank
503,030
PlumX Metrics