Geographical Indications Registration Act 2006

The Geographical Indications Registration Act 2006 creates a registration and enforcement system for protected geographical names. In plain English, it helps control when a business can use a place-based name to market certain goods.

For most businesses, the practical question is simple: are you using a regional or place name in a way that suggests origin, quality or reputation? If yes, you should check whether that name is registered or otherwise protected before you print labels, sign supply contracts, launch a website or import stock.

The Act is aimed at geographical indications. It covers New Zealand and foreign geographical indications, and it now also covers EU FTA geographical indications. The purpose section says the law supports protection for New Zealand and foreign geographical indications in the wine and spirits industries, protects consumers, supports trade, and provides a framework for EU FTA geographical indications for wine, spirits and other goods.

If you are a winery, distillery, importer, distributor, retailer, exporter or brand owner using origin-based product names, you are likely within the practical reach of this Act. Businesses that do not use geographical names at all may have little day-to-day contact with it, but they can still be affected when sourcing, importing or rebranding products.

The Act usually becomes relevant at ordinary commercial moments rather than in a courtroom. The biggest trigger points are product naming, label design, packaging updates, import planning, export planning, trade mark filing and responding to complaints about origin claims.

For example, a producer may want to use a well-known overseas regional name on a cheese-style, spirit or wine product. An importer may receive stock already labelled overseas. A retailer may create online listings that repeat a protected name. A distributor may be asked to withdraw goods from trade after a notice of direction. Each of those steps can create exposure if the name is protected and the use is not allowed.

The Act sets out how New Zealand, foreign and EU FTA geographical indications can be registered, and it also sets out restrictions on registration. The contents show several conflict rules that matter commercially: names may be blocked if they are identical or similar to registered geographical indications, common names, grape variety names, plant variety or animal breed names, or certain trade marks. There are also rules about offensive names and well-known trade marks.

This means a branding decision should not be treated as a marketing-only issue. A place-based name can collide with both the geographical indications register and the trade marks system. If you already own a trade mark, that may still need careful checking because the Act contains detailed rules about when trade mark-related restrictions do and do not apply.

The Act does more than create a register. It also restricts use of registered geographical indications. The contents show separate restrictions for New Zealand and foreign registered geographical indications for wine and spirits, and a separate restriction on use of EU FTA registered geographical indications.

There are also exceptions and transitional rules, including continuous use, pre-dating bottling, some trade mark situations, person’s name or common English word, customary or common name, and goods to be marketed and sold until stocks are exhausted.

From 1 May 2024, enforcement became much more operational. A GI officer may require information about relevant goods, enter and inspect in some circumstances, and issue a notice of direction if satisfied on reasonable grounds that a person has breached a restriction on use. That notice must identify the relevant GI and goods, require cessation of further use, and require withdrawal from trade within a reasonable time.

The Act gives businesses a process to challenge a notice of direction. A person who receives one may apply to the chief executive for a review. The application must be in writing, state the grounds, include supporting information and be provided within 20 working days after service, unless a longer period is allowed. The review is by way of a rehearing, and the chief executive may confirm, amend, cancel or replace the notice.

The Act also creates a border protection regime. Goods in the control of Customs may be detained if a Customs officer has reasonable cause to suspect they are infringing goods. A person claiming an interest in upholding restrictions on use may also give notice asking the chief executive to detain infringing goods. For importers and exporters, this means a naming issue can become a logistics and cashflow issue very quickly.

Good records matter under this Act because disputes often turn on what name was used, when it was used, what goods were involved and what rights or exceptions may apply. Keep copies of labels, packaging proofs, website screenshots, importer specifications, supply agreements, trade mark records, product origin records and launch dates. If you rely on a transitional position or continuous use, evidence will matter.

You should also read this Act alongside related laws named in it. The Act says it does not affect the Wine Act 2003, does not affect joint food standards adopted under the Food Act 2014, and does not limit the Fair Trading Act 1986. The information-sharing provisions also connect this regime with a range of other agencies and Acts, including Customs and trade mark administration. In practice, one naming problem can trigger several compliance issues at once.