GEOGRAPHICAL INDICATIONS IN NEW ZEALAND

As from 27 July 2017 it is possible to register geographical indications in New Zealand for wines and spirits; foreign geographical indications may be registered if already registered in their countries of origin.

Geographical indications (GIs) for wines and spirits can be registered in New Zealand as from 27 July 2017 under the “Geographical Indications (Wine and Spirits) Registration Act”.

New Zealand, which did not previously provide for GI registration, has introduced the new act to protect the interests of the consumers of wine and spirits.The new law aims to ensure that products bearing a registered GI in New Zealand possess all the characteristics that are mandatory under the specifications of that GI (territory of origin, ingredient quality,

The new law aims to ensure that products bearing a registered GI in New Zealand possess all the characteristics that are mandatory under the specifications of that GI (territory of origin, ingredient quality, method of production and packaging and the like).

The “Geographical Indications Registration Act” also provides for the registration in New Zealand of foreign GIs, providing that they have already been registered in their countries of origin.

Registering foreign geographical indications in New Zealand

The “Geographical Indications Registration Act” does not provide for the automatic recognition in New Zealand of foreign GIs: in order to obtain protection in New Zealand, the GI must be entered into the newly established register.

An application must be filed with the Intellectual Property Office of New Zealand including documentation proving registration of the GI abroad.

The application will undergo examination. If the application does not satisfy formal requirements or if the GI conflicts with an earlier trademark registration in New Zealand, it will be rejected. After examination the application will be published and interested parties will have a three-month period to oppose the registration on the grounds of earlier rights.

After expiry of the three-month period, the GI will be registered.

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