Synopses - Volume 5 Issue 1 September 2000

Introduction

The wine industry is a major Australian industry, and also one that is truly international, not only because it exports a substantial proportion of its produce, but also because Australian winemakers spend a lot of time making wine in other parts of the world. The Australian wine industry is also a leader in the development of new wine technologies, including sophisticated biotechnology related to grape yield and variety. As with other specialised industries, a body of law has developed in support of the industry. Increasingly, that body of law is not only specialised but transnational; reflecting the realities of the modern wine market.

Wine law is a mix of legal disciplines relevant to the wine industry and having identifiable adaptations which reflect the specialised requirements of the industry. For example, grape supply contracts are a specialised type of contract requiring clauses dealing with technical requirements such as baume and practical problems such as timely refusal of an extremely perishable product; grapes. Similarly, intellectual property problems relating to wine include protection of new biogenetic material, the development and protection of geographical indicators and trademark and copyright issues. Information technology also presents interesting legal issues connected to such things as the development of internet wine marketing.

This special edition of the Flinders Journal of Law Reform is a joint effort of the Flinders University School of Law and the Australasian Chapter of the Association Internationale des Juristes du Droit de la Vigne et du Vin (AIDV). Flinders University sits on the edge of two important and expanding South Australian wine regions, the Adelaide Hills and the McLaren Vale. It is not surprising that many people around the University, including the lawyers, have some professional interest in the wine industry. The AIDV is an international association based in Paris with chapters and members around the world. The AIDV is also known by the English translation of its name, the International Wine Law Association (IWLA).

This special edition includes papers presented by members of the Association to meetings in Australia of both the International Association and the Australasian Chapter. Flinders law students and staff have collated and edited the papers. The papers have been kept in the style of conference papers and some large attachments or charts have been omitted due to space considerations. Copies of such materials are available from the FJLR on request. It is a small selection of the papers actually presented at AIDV conferences. A collection of all available papers will be kept at Flinders and will also be available through the Association. A list of all papers and the index of this special edition will be made available in the future on the Flinders Law web site, ehlt.flinders.edu.au/law/FJLR and the AIDV web site, www.aidv.org. We hope to have more special wine law editions in the future as lawyers from Australia and overseas contribute their expertise to the development of a growing body of law that is professionally challenging in an industry of international significance.

Suzanne Corcoran		Anthony Willis
Special Edition Editor		President, Australasian Chapter
September 2000		International Wine Law Association

A List Of AIDV Papers Held At Flinders School Of Law

Plant Breeders' Rights		Jeremy Curthoys
Winery Waste Management - The BRL Hardy Experience		Angus Kennedy
Geographical Indications Up-To-Date		Ian Mackley
Income Tax Implications for Vineyard Development Joint Ventures		Steven Pynt and Healy Pynt
Risk of Loss and Damage During Transportation And Shipment		Ian Maitland
The Role Of Government Agencies In Import And Export		Margaret Mountford
Legal Issues Relating To Sale Of Wine Over The Internet		Fiona Liu and Rick Cullen
Traditional Expressions		Bruce Drinkwater
Legal Structures For Vineyard Development Joint Ventures		Will Taylor
Parallel Importation - An Australian Perspective		Stephen Stern
Plague		Keith Stewart
A New Regulatory System For The New Zealand Wine Industry		Philip Gregan
Wine Competitions - Limitations And Problems		Bruce Gray
Geographical Indications		Cushla Jones
Trade Marks And Geographical Indications		Bryan Thompson
The World Trade Organisation And Consumer Protection: Issues For The Wine Sector In A New Round Of Multilateral Trade Negotiations		Emily Earl and J Kempkers
When Commercial Reality Meets Principle: A Pragmatic Approach To The Issue Of 'Traditional Expressions'		Tony Battaglene
Traditional Expressions - Legal Aspects - A Commentary		Des Ryan
The Vintner's Pluck: The Vigneron's Battle With The Tax Systems Of New Zealand And Australia		Tony Molloy QC
Wine Sales Over The 'Net'		Ken Moon
Scaring The Birds - What's All The Noise About?		Chris Day and Abbie Reynolds
Legal Background And History Of Development Of Marlborough Wine Industry		Ron Crosby