Trademark right of Basmati rice: Pakistan hails Australian court’s decision

ISLAMABAD: The Ministry of Commerce has welcomed the decision of the Federal Court of Australia for dismissing the appeal filed by the India’s Agricultural and Processed Food Products Export Development Authority (APEDA) for exclusive right to use the word Basmati.

The court also ordered APEDA to pay the respondent’s costs, as agreed or taxed.

The decision vindicates Pakistan’s principled and consistently maintained position regarding Basmati as a geographical indication.

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The APEDA had applied to register the word Basmati as a certification trademark for rice in Australia. The application was rejected by a Delegate of the Australian Registrar of Trade Marks on 22nd December 2022 on the grounds that the word Basmati could not distinguish rice certified by the APEDA from Basmati rice legitimately produced and marketed by other traders. APEDA subsequently challenged the decision before the Federal Court of Australia.

The Registrar’s decision expressly recognised that Basmati rice is also grown in Pakistan and that Pakistani traders have an equally valid claim to use the term. By dismissing the APEDA’s appeal, the Federal Court has upheld these findings.

The outcome constitutes a significant victory of Pakistan’s position that Basmati originates from a historically recognised growing region spanning areas of Pakistan and India, and that no single national authority can claim an exclusive right over the word Basmati to the exclusion of producers and exporters having an equally legitimate right to its use.

The Ministry of Commerce has consistently opposed Indian attempts to claim exclusive rights over the Basmati name in international markets and has coordinated with the relevant national institutions and stakeholders to safeguard Pakistan’s legitimate interests. The outcome protects the commercial and intellectual-property interests of Pakistan’s Basmati growers, millers and exporters and preserves their right to market authentic Pakistani Basmati in Australia.

The Ministry of Commerce will continue to safeguard Basmati as an important part of Pakistan’s agricultural heritage and export identity and pursue its protection in foreign jurisdictions on the basis of its historical origin, established reputation and distinctive qualities.

Federal Minister for Commerce Jam Kamal Khan appreciated the Ministry of Commerce team, concerned officials and stakeholders for their coordinated efforts in safeguarding Pakistan’s legitimate rights and interests in the Basmati case. He termed the outcome an important achievement for Pakistan’s agricultural heritage, commercial interests and export identity.

Copyright Business Recorder, 2026