Put a (new) label on it: geographical indicators under Australia’s new trade agreement with the European Union
In March 2026, Australia and the European Union (EU) finalised their Free Trade Agreement (FTA) after eight years of negotiation since 2018. The FTA will expand European geographical indication (GI) protection leading to implications for Australia’s food and agribusiness sectors.
What are geographical indications?
A GI identifies a product as originating from a specific geographical location, where a particular quality, characteristic, or reputation is attributable to that origin. A producer or seller may use a GI only where a product meets the relevant GI rules, which usually specify the geographical area of production and production standards.
EU GI protections
The EU has a comprehensive GI protection framework. Well-known EU GI examples include Champagne (sparkling wine from the French region of Champagne), Prosecco (sparkling wine from Prosecco in Italy) and Parmesan (cheese from the Italian province of Parmigiano Reggiano).
Australian GI protections
By contrast, Australia’s domestic framework for the protection of Australian GIs is more limited. Australian GIs are confined to Australian wine and spirits. Under the Wine Australia Act 2013 (Cth), only wine products which meet certain characteristics and qualities can adopt product labels referencing prominent Australian wine regions, for example the Hunter Valley in New South Wales.
Australia does not currently protect food product labels which contain references to other well-known and prosperous Australian food produce regions. For example, the Bega Valley in New South Wales or the Tamar Valley in Tasmania, to name a few.
In light of Australia’s limited GI protections, the FTA imposes EU GI protections on Australian producers and their products. As a result, the FTA will enforce EU GI protections on Australian food and agricultural businesses and their production, distribution and marketing strategies for the first time.
The FTA – what is changing?
Under the FTA, Australia has agreed to protect all 396 of the GIs sought by the EU (including, 231 spirits and 165 agricultural goods, mostly dairy and smallgoods). Once the FTA is in force, Australian producers will generally be prohibited from using the prescribed list of protected GI terms in their product labelling, unless one of the exceptions apply (discussed below).
While this represents a significant expansion of GI protections in Australia, the majority of the EU GIs included under the FTA are not commonly used by Australian producers and are therefore expected to have limited commercial impact.
We set out a summary of the key EU GI terms, how they are dealt with and the exceptions under the FTA below (subject to the final terms of the FTA, which are currently in draft and yet to be published).
What terms can Australian producers continue to use.
The FTA will allow for the continued use of certain, significant EU GI terms, provided the continued use is not misleading. Key examples of terms Australian producers can continue to use include:
| Continue to use term | Protected EU GI | Product |
| Parmesan | Parmigiano Reggiano | Cheese |
| Prosecco (Australian domestic use only, not for export – see below phasing out terms) | Prosecco | Wine |
| Kransky | Kranjska klobasa | Meat product |
| Kalamata (plant variety name) | Elia Kalamatas Kalamata | Olive plant variety |
| Saaz hops (plant variety name) | Žatecký chmel | Hops plant variety in relation to beer |
Notably, Prosecco will continue to be recognised as a grape variety in Australia, as well as a protected EU GI. For Australian Prosecco producers, this means being able to indefinitely continue labelling wine sold domestically as Prosecco.
However, Australia has agreed to prevent the export of wine labelled Prosecco. A phase out term of 10 years applies from entry into force of the Wine Agreement negotiated as part of the FTA, after which Australian wine made from Prosecco grapes may no longer be exported with a Prosecco label.
Terms requiring evidence of a history of producing and labelling
The FTA will also allow for the continued use of the following 11 other terms, but only in circumstances where a particular Australian producer can demonstrate:
- continuous and good faith use; and
- use of the term for at least 5 years before the FTA’s entry into force:
| Prior use term | Protected EU GI | Product |
| Bavarian | Bayerisches Bier | Beer |
| Feta | Feta | Cheese |
| Finocchiona | Finocchiona | Meat product |
| Grain jenever | Genièvre de grains Graanjenever Graanjenever | Spirit |
| Grappa | Grappa | Spirit |
| Gruyere | Gruyère | Cheese |
| Bologna | Mortadella Bologna | Meat product |
| Munich | Münchener Bier | Beer |
| Nurnberger Bratwürste Nuremberg | Nürnberger Bratwürste Nürnberger Rostbratwürste | Meat product |
| Romano (wholesale only, retail phasing out – see below) | Pecorino Romano | Cheese |
| Tiroler | Tiroler Speck | Meat product |
What terms are being discontinued?
Finally, the FTA will cause 8 terms (plus Prosecco for export only) to be phased out and eventually discontinued over periods ranging from 5 to 10 years, as follows:
| Phased out term | Protected EU GI | Product | Phase out period |
| Fontina | Fontina | Cheese | 5 years |
| Munster | Munster Munster-Géromé | Cheese | |
| Sherry vinegar | Vinagre de Jerez | Wine vinegar | |
| Slavonski | Slavonski kulen Slavonski kulin | Meat product | |
| Szedgedi | Szegedi szalámi Szegedi téliszalámi | Meat product | |
| Romano (retail only) | Pecorino Romano | Cheese | |
| Ouzo | Ouzo | Spirit | 7 years |
| Tsipouro | Tsipouro | Spirit | |
| Prosecco (export only, excludes domestic use – see above) | Prosecco | Wine | 10 years |
During the relevant phase out period, use of these terms must comply with specific conditions, including the need to clearly disclose the product’s geographical origin.
After the expiry of the relevant phase out term, use of the term will no longer be permitted both within Australia and for export (excluding Prosecco, which will only be discontinued on Australian products for export, but will continue for domestic use).
Updates to the Australian Trade Marks Examination Manual
In anticipation of the FTA coming into force, IP Australia has updated the Trade Marks Examination Manual to clarify how increased protection of GIs in Australia will be administered. Once the FTA takes effect:
- all 396 protected GIS must be considered during examination of new Australian trade mark applications; and
- examiners must consider whether a trade mark that is identical or similar to a protected GI could deceive or confuse Australian consumers, potentially giving rise to an objection under section 43 of the Trade Marks Act 1995 (Cth).
Importantly, any trade marks that were applied for, registered, or used before the FTA comes into effect and which incorporate all, or part, of any GI term may generally continue to be used and renewed, notwithstanding GI protections.
When does the FTA come into effect?
Signatures to the FTA are expected late this year or early 2027. Once signed, Australia and the EU will undertake their respective domestic legal and parliamentary processes that may take a further 12 months.
What does the FTA mean for Australian agribusiness?
The FTA signifies a substantial shift in Australia’s GI protection, bringing it closer into alignment with broader protections afforded in the EU. As a result of many food and agricultural terms being brought into the GI scope for the first time, organisations should consider the potential operational, branding, and intellectual property implications.
Although many of the protected GIs are not widely used by Australian producers, impacted businesses should assess their products and marketing practices and implement any required changes, to ensure compliance, as well as business success, under the new regime. This might include:
- legal review of your domestic and international marketing and product labelling strategy;
- consideration for your trade mark portfolio and whether it needs expanding or refining, both in Australia and other overseas jurisdictions; and
- drafting and review of distribution agreements to ensure your brand remains competitive and protected, whilst guiding your business and any other players through a smooth transition.
Please reach out to our intellectual property and food and agribusiness experts, Belinda Breakspear (bbreakspear@mccullough.com.au) and Melissa Miller (mmiller@mccullough.com.au) in our Intellectual Property team, or Stephen Iu in our Corporate Advisory team and European Union desk lead (siu@mccullough.com.au).